Hammond v. Smith

Peter Hammond, Plaintiff

against

Bruce W. Smith, Defendant

2008/02441

Harris Beach PLLC

Douglas A. Foss, Esq.

Attorneys for Plaintiff

Barclay Damon LLP

Mark T. Whitford, Jr., Esq.

Attorneys for Defendant

Matthew A. Rosenbaum, J.

Defendant, Bruce W. Smith, moves for an order pursuant to CPLR 3212 granting summary judgment finding that there was no partnership between the parties and dismissing the complaint.

This action was commenced in February 2008. Defendant answered in April 2008. By order dated June 30, 2008, the Court (Fisher, J.) granted Defendant's motion to dismiss Plaintiff's fourth cause of…