Legal Opinion

Winter v. Beale, Lynch & Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 18, 1993PublishedCited by 5 opinions

1Opinion of the Court

—Judgment, Supreme Court, New York County (Joan Lobis, J.), entered March 17, 1993, dismissing the action and bringing up for review an order which granted defendants’ motion to dismiss the amended complaint for failure to state a cause of action and denied plaintiffs cross motion to amend the amended complaint, affirmed, with costs.

The causes of action for breach of contract presuppose the existence of a limited partnership and were properly dismissed on the ground that a limited partnership cannot be created orally (see, Arno Mgt. Corp. v 115 E. 69th Assocs., 173 AD2d 258, 259). The cause…

2Cases cited5 opinions

  1. Megaris Furs, Inc. v. Gimbel Brothers, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
  2. Mente v. WenzelAppellate Division of the Supreme Court of the State of New York · 1991
  3. Blaustein v. Lazar Borck & MenschAppellate Division of the Supreme Court of the State of New York · 1990
  4. Arno Management Corp. v. 115 East 69th AssociatesAppellate Division of the Supreme Court of the State of New York · 1991
  5. Rocanova v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by5 opinions

  1. Wapnick v. Seven Park Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1997
  2. Family Partners v. Foundation of Jewish Philanthropies of the Jewish Federation of Greater Fort LauderdaleAppellate Division of the Supreme Court of the State of New York · 1997
  3. Falk v. 569 Broadway AssociatesAppellate Division of the Supreme Court of the State of New York · 1994
  4. El Toro Group, LLC v. Bareburger Group, LLCAppellate Division of the Supreme Court of the State of New York · 2021
  5. El Toro Group, LLC v. Bareburger Group, LLCAppellate Division of the Supreme Court of the State of New York · 2021

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