NORTHMON INVESTMENT COMPANY v. MILFORD PLAZA ASSOCIATES


284 A.D.2d 250 (2001)

727 N.Y.S.2d 419

NORTHMON INVESTMENT COMPANY, Respondent and Counterclaim Defendant, v. MILFORD PLAZA ASSOCIATES et al., Appellants. PHILIP MILSTEIN, Counterclaim Defendant-Respondent.

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

Decided June 26, 2001.


Appellants lack authority to enter into the contemplated 99-year lease even if such lease were to be deemed in the ordinary course of the partnership's business. A partner's authority to bind the partnership to transactions apparently in the ordinary course of the partnership's business (see, Partnership Law § 20 [1]) does not affect the right of partners as between themselves to prevent contemplated transactions with third parties, or otherwise to assert their...

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