Legal Opinion
Payne v. Payne
Appellate Division of the Supreme Court of the State of New York
Decided June 30, 1970PublishedCited by 6 opinions
1Opinion of the CourtBastow, J.
We agree with the conclusion reached by Special Term but comment briefly on appellant’s contention that under decisional law implementing certain provisions of the Partnership Law liability might be imposed on respondent for the alleged tortious acts of the codefendant—the alleged copartner of respondent.
The general principle is recognized that in the field of tort liability members of a partnership are jointly and severally liable for a tort committed in the course of the partnership business (43 N. Y. Jur., Partnership, § 141; Caplan v. Caplan, 268 N. Y. 445). The difficulty is that…
2Cases cited3 opinions
- Caplan v. CaplanNew York Court of Appeals · 1935
- Gnozzo v. Marine Trust Co.Appellate Division of the Supreme Court of the State of New York · 1939
- Gnozzo v. Marine Trust Company of BuffaloNew York Court of Appeals · 1940
3Cited by6 opinions
- Lerner Stores Corp. v. Parklane Hosiery Co.Appellate Division of the Supreme Court of the State of New York · 1976
- Bank of Commerce v. De SantisCivil Court of the City of New York · 1982
- Global Casting Industries, Inc. v. Daley-Hodkin Corp.New York Supreme Court · 1980
- Smith v. FerroAppellate Division of the Supreme Court of the State of New York · 1982
- Connell v. City of New YorkCivil Court of the City of New York · 1979
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