MYERSON v. LAMPL


19 Misc.2d 206 (1959)

Florence L. Myerson, Plaintiff, v. Walter Lampl, a Limited Partnership, Defendant.

Supreme Court, Special Term, New York County.

September 9, 1959.


Attorney(s) appearing for the Case

Louis A. Tepper and Milton Levitan for plaintiff.

Bass & Friend for defendant.


SIDNEY A. FINE, J.

Section 102 (subd. [1], par. [b]) of the Partnership Law provides that no repayment of a loan by a limited partner may legally be made unless at the time the assets are sufficient to discharge the partnership's liabilities to persons not claiming as general or limited partners. A triable issue is presented as to whether the partnership assets are presently sufficient to satisfy the claim asserted...

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