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PAYNE v. PAYNE

34 A.D.2d 375 (1970)

Phyllis Payne, Appellant, v. Leonard R. Payne, Individually and as a Partner Doing Business under the Assumed Name of Paynes Body and Fender Garage, Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 30, 1970.

Attorney(s) appearing for the Case

Alderman, Alderman, Samuels & Schepp (Bernard Samuels and Richard B. Alderman of counsel), for appellant.

L. H. and R. S. Amdursky (Robert G. Hurlbutt of counsel), for respondent.

MARSH, J., dissents and votes to reverse and deny the motion for summary judgment in an opinion, in which WITMER, J., concurs.

BASTOW, J.

We agree with the conclusion reached by Special Term but comment briefly on appellant's contention that under decisional law implementing certain provisions of the Partnership Law liability might be imposed on respondent for the alleged tortious acts of the codefendant — the alleged copartner of respondent.

The general principle is recognized that in the field of tort liability members of a partnership are jointly and severally...

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