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SEVENTY-THREE LAND v. MAXLAR

270 N.J. Super. 332 (1994)

637 A.2d 202

SEVENTY-THREE LAND, INC., PLAINTIFF-RESPONDENT, v. MAXLAR PARTNERS, A NEW JERSEY PARTNERSHIP AND LARRY LEVY, JANE LEVY, NANCY LEVY, DEFENDANTS, AND MAX ODLEN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 7, 1994.

Attorney(s) appearing for the Case

Ira Rabkin argued the cause for appellant (Molotsky, Rabkin & Schwartz, attorneys; Mr. Rabkin, on the brief).

Frank H. Wisniewski argued the cause for respondent (Blank, Rome, Comisky & McCauley, attorneys; Mr. Wisniewski and James Alan Kozachek on the brief).

Before Judges BRODY, STERN and KEEFE.

The opinion of the court was delivered by BRODY, P.J.A.D.

We hold that a contract creditor of a partnership may in a single action sue the partnership and its general partners for the debt. Judgment for a sum certain, which shall be deemed final, may be entered only against the partnership. Initially, judgment against the partners shall be limited to liability only, and shall not be entered as a final judgment for a sum certain until there is proof that the partnership...

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