WILF v. HALPERN


194 A.D.2d 508 (1993)

599 N.Y.S.2d 579

Leonard A. Wilf et al., Respondents, v. Israel Halpern, Appellant

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

June 29, 1993


The IAS Court properly exercised its discretion in directing defendant to execute, in writing, his personal consent to the proposed refinancing of the partnership debt, there being sufficient evidence, adduced after an extensive hearing, that defendant's repeated refusal to consent to the refinancing was solely for personal gain in order to obtain a cash buyout, in contravention of the fundamental implied covenant of good faith and fair dealing governing the partners' fiduciary...

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