LAI v. GARTLAN


46 A.D.3d 237 (2007)

845 N.Y.S.2d 30

DUNNIE LAI et al., Appellants, v. H.J. GARTLAN, JR., Also Known as JAY GARTLAN and HARRY GARTLAN, et al., Respondents, et al., Defendants.

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

November 1, 2007.


Attorney(s) appearing for the Case

Kirkpatrick & Lockhart Preston Gates Ellis, LLP, New York City (Michael R. Gordon of counsel), and Drabkin & Margulies, New York City (Ralph Drabkin of counsel), for appellants.

H.J. Gartlan, Jr., Gartlan & Associates, Glen Ridge, New Jersey, respondent pro se.

Raymond W.M. Chin, New York City (Donald Diamond of counsel), for Double Fortune Property Investors Corp., respondent.

MARLOW, J.P., WILLIAMS, CATTERSON and McGUIRE, JJ., concur.


OPINION OF THE COURT

GONZALEZ, J.

At issue in the present case is whether certain limited partners are entitled to an accounting with respect to a dissolved partnership, and whether the net profits obtained from a postdissolution sale of a partnership asset should, under the partnership agreement, be distributed equally among the partners or according to each partner's respective share. As we hold that plaintiff limited partners are entitled to summary judgment...

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