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WINTER v. BEALE, LYNCH & CO.

198 A.D.2d 124 (1993)

603 N.Y.S.2d 846

Andrew L. Winter, Appellant, v. Beale, Lynch & Co. et al., Respondents

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

November 18, 1993

The causes of action for breach of contract presuppose the existence of a limited partnership and were properly dismissed on the ground that a limited partnership cannot be created orally (see, Arno Mgt. Corp. v 115 E. 69th Assocs., 173 A.D.2d 258, 259). The cause of action for an accounting was properly dismissed on the ground that as a matter of law plaintiff cannot show the existence of a partnership, joint

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