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MID WEST CONTROL CORP. v. BURKE

2 Misc.2d 401 (1955)

Mid West Control Corp., Landlord, Respondent, v. James Burke et al., Copartners Doing Business as Shannon's Parking Lot, Tenants, Appellants.

Supreme Court, Appellate Term, First Department.

November 3, 1955.

Attorney(s) appearing for the Case

Arthur R. Silsdorf and Maurice Harbater for appellants.

Jules E. Perlman and Reuben Lesser for respondent.

EDER, SCHREIBER and HECHT, JJ., concur.

Per Curiam.

There was a sharp question of fact as to whether one partner had the authority to enter into an agreement to surrender the demised premises so as to bind the partnership. Such an agreement to surrender was not in the ordinary course of the partnership business; on the contrary, it would have resulted in the entire termination of the partnership business (Partnership Law, § 20, subd. 3). It was error to direct a verdict in favor of the landlord...

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