Gelman v. Buehler
Appellate Division of the Supreme Court of the State of New York
1Concurring in part, dissenting in part
Tom, J.E, and Catterson, J., dissent in a memorandum by Catterson, J., as follows:
In my opinion, because the plaintiff does not allege that the parties’ oral partnership agreement had a definite term, it was an at-will partnership that the defendant had the right to terminate at any time. Therefore, I must respectfully dissent.
This action arises from a purported oral partnership agreement between the plaintiff and the defendant that was formed for the purpose of engaging in a business venture called a “search fund.” The plaintiff alleges that the parties would solicit investment capital from…
2Cases cited3 opinions
- Shandell v. KatzAppellate Division of the Supreme Court of the State of New York · 1983
- Harshman v. PantaleoniAppellate Division of the Supreme Court of the State of New York · 2002
- Sanley Co. v. LouisAppellate Division of the Supreme Court of the State of New York · 1993