BOSLOW FAMILY LIMITED PARTNERSHIP v. GLICKENHAUS & CO.


23 A.D.3d 248 (2005)

803 N.Y.S.2d 551

BOSLOW FAMILY LIMITED PARTNERSHIP, Appellant, v. GLICKENHAUS & CO., Respondent.

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

November 15, 2005.


Plaintiff's failure to file a certificate of limited partnership at any time prior to the alleged breaches of contract rendered it nonexistent at the time of such breaches, and therefore without capacity to sustain damages by reason of the existence of the contract (Partnership Law § 121-201 [b]; see Bay Shore Family Partners v Foundation of Jewish Philanthropies of Jewish Fedn. of Greater Fort Lauderdale, 239 A.D.2d 373 [1997...

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