Dinerstein v. Dinerstein

Judgment entered March 11, 1969, unanimously reversed on the law and the facts, and a new trial ordered, with $50 costs and disbursements to appellant. Charles Dinerstein, appellant, and Benjamin Dinerstein, respondent, are brothers. They operated a beauty supply business from 1948 until September 15, 1966 when Benjamin unilaterally excluded Charles from the partnership business. Since the latter date, Benjamin has been operating the business for his own benefit in disregard of the written partnership agreement. Appellant’s complaint seeking dissolution of the partnership and an accounting…