Tugendrajch v. Heifetz

OPINION AND ORDER

SPRIZZO, District Judge.

Plaintiff commenced this action against Elliot Heifetz, his former partner in a real estate investment partnership, contending that Heifetz breached his partnership obligations. Defendant moves for summary judgment on the grounds that plaintiff’s action is barred by principles of res judicata.

In the Fall of 1980, following various disagreements, the parties agreed to dissolve the partnership which they had formed pursuant to an oral agreement. Defendant prepared a dissolution agreement which provided, inter alia, that, in consideration of certain debts…