Peter O. and Carolyn R. Kyle v. L. Brenton and Susan R. Ford Book Reviews

Peter O. and Carolyn R. Kyle v. L. Brenton and Susan R. Ford by Supreme Court of New York Book Summary

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:
In this action for dissolution of a partnership and an accounting, both parties sought, inter alia, summary judgment on the
question whether a business partnership existed. Supreme Court erred in determining, as a matter of law, that a partnership
existed. In deciding whether a partnership exists, "the factors to be considered are the intent of the parties (express or
implied), whether there was joint control and management of the business, whether there was a sharing of the profits as well
as a sharing of the losses, and whether there was a combination of property, skill or knowledge" (Ramirez v Goldberg, 82 A.D.2d
850, 852; see also, Matter of Steinbeck v Gerosa, 4 N.Y.2d 302, 317, appeal dismissed 358 U.S. 39; Boyarsky v Froccaro, 131
A.D.2d 710, 712). No one factor is determinative; it is necessary to examine the parties' relationship as a whole (Martin
v Peyton, 246 NY 213, 218; Brodsky v Stadlen, 138 A.D.2d 662, 663). The fact that the parties held themselves out as partners
is not decisive; "calling an organization a partnership does not make it one" (Brodsky v Stadlen, 138 A.D.2d 662, 663, supra
; see also, Ramirez v Goldberg, 82 A.D.2d 850, supra). Undisputed evidence that Kyle had sole authority to write checks on the business account, along with conflicting evidence
regarding control over the daily operations on the farm, raise questions whether there was indeed a partnership relation (see,
Ramirez v Goldberg, supra). Further, the undisputed evidence that defendants never made a capital contribution to the business
strongly suggests that no partnership existed (see, Brodsky v Stadlen, 138 A.D.2d 662, 663, supra ; Azoulay v Cassin, 128
A.D.2d 660; M.I.F. Securities Co. v Stamm & Co., 94 A.D.2d 211, 214, affd 60 N.Y.2d 936).

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Peter O. and Carolyn R. Kyle v. L. Brenton and Susan R. Ford (Supreme Court of New York) Book Reviews 2024

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