Lavin v. Ehrlich

A neighborhood tax preparing business depends on many of the same clients returning each year. To this end, the location of the business is important and forms part of its goodwill. Were a partner in the business to buy in his own name the building housing it and then eject the partnership at the end of the lease, that would be an intolerable breach of fiduciary relationship. (Mitchell v. Reed, 61 N. Y., 123; Meinhard v. Salmon, 249 N. Y. 458; Boxill v. Boxill, 201 Misc. 386.) But, what if that partner first serves notice to dissolve the partnership before buying the building; can he still be…