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SEBRING ASSOCIATES v. COYLE

790 A.2d 225 (2002)

347 N.J. Super. 414

SEBRING ASSOCIATES, a New Jersey Partnership; James N. Canino; and Anthony R. Palmeri, Plaintiffs-Respondents, v. Eugene J. COYLE, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 6, 2002.

Attorney(s) appearing for the Case

Anthony P. Ambrosio, Bloomfield, argued the cause for appellant, (Ambrosio, Kyreakakis, Dilorenzo, Moraff & McKenna, attorneys; Mr. Ambrosio, of counsel and on the brief; Andrew J. Kyreakakis, on the brief).

Theodore L. Abeles argued the cause for respondents, (Tompkins, McGuire, Wachenfeld & Barry, Newark, attorneys; Mr. Abeles, of counsel and on the brief; Brian M. English, on the brief).

Before Judges BAIME, FALL and AXELRAD.

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

The principal question presented by this appeal is whether a partner's refusal to contribute necessary capital to the partnership constitutes misconduct sufficient to warrant judicial dissolution. Following a twenty-eight day trial, the Chancery Division judge issued an extensive written opinion in which she found that defendant Eugene Coyle's failure to contribute funds necessary to the survival of Sebring...

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