Legal Opinion
Dachowitz v. Bergman
New York Supreme Court
Decided February 26, 1982PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Beatrice Shainswit, J.
Motions numbered 9 and 195 of the calendar of November 4, 1981 are consolidated for purposes of disposition.
The issue before the court is whether a group of defendants, who have operated and controlled three nursing homes, can extinguish the claims of two other active participants who also invested in the homes, on the ground primarily that the two investors were not identified in required public filings as partners.
According to defendants, whatever fiduciary duties they otherwise owed to plaintiff investors are extinguished because of the defective…
2Cases cited10 opinions
- Kelly v. KosugaSupreme Court of the United States · 1959
- Bruce's Juices, Inc. v. American Can Co.Supreme Court of the United States · 1947
- Messersmith v. . American Fidelity Co.New York Court of Appeals · 1921
- John E. Rosasco Creameries, Inc. v. CohenNew York Court of Appeals · 1937
- McConnell v. Commonwealth Pictures Corp.New York Court of Appeals · 1960
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3Cited by2 opinions
- X.L.O. Concrete Corp. v. Rivergate Corp.New York Court of Appeals · 1994
- Hasbro Bradley, Inc. v. Coopers & LybrandAppellate Division of the Supreme Court of the State of New York · 1987