TAL v. MALEKAN


305 A.D.2d 281 (2003)

760 N.Y.S.2d 36

HERZEL TAL, Individually and on Behalf of Himself and Other Shareholders of EMUNAH 26 CORP., Appellant, v. ALBERT MALEKAN, Also Known as ALBERT MALEKEN and ALBERT MALEKIN, et al., Respondents.

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

Decided May 22, 2003.


Plaintiff alleges, essentially, that he and defendants were partners in real estate ventures, and that, in breach of the terms of their partnership, he was excluded from the venture in which defendants purchased certain real property and formed Emunah 26 Corp. for the purpose of holding title to and managing the property. The motion court, however, properly dismissed the complaint since plaintiff's claim of an overarching partnership entitling him to an interest in Emunah...

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