Legal Opinion

Gelman v. Buehler

New York Court of Appeals

Decided March 26, 2013PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

Partnership Law § 62 (1) (b) states that a partnership formed by oral agreement may be dissolved unilaterally if “no definite *536term or particular undertaking is specified” in the underlying agreement. Because the parties in this case did not sufficiently address either of these provisions in their oral contract, we conclude that there was no breach of contract when one party withdrew from the enterprise.

According to the allegations in the complaint, which we must accept as true, plaintiff Geoffrey Gelman and defendant Antonio Buehler were recent business school…

2Cases cited16 opinions

  1. Karrick v. HannamanSupreme Court of the United States · 1897
  2. Scholastic, Inc. And Scholastic Productions, Inc. v. Robert Harris and Harris Entertainment, Inc.Court of Appeals for the Second Circuit · 2001
  3. Willman v. BehelerSupreme Court of Missouri · 1973
  4. Fischer v. FischerKentucky Supreme Court · 2006
  5. Girard Bank v. HALEYSupreme Court of Pennsylvania · 1975

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3Cited by7 opinions

  1. Congel v. MalfitanoCourt for the Trial of Impeachments and Correction of Errors · 2018
  2. Congel v. MalfitanoAppellate Division of the Supreme Court of the State of New York · 2016
  3. Gural v. DrasnerAppellate Division of the Supreme Court of the State of New York · 2013
  4. CIP GP 2018, LLC v. KoplewiczAppellate Division of the Supreme Court of the State of New York · 2021
  5. Gural v. DrasnerAppellate Division of the Supreme Court of the State of New York · 2013

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