From Casetext: Smarter Legal Research

Tanenbaum v. Dolgin

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1998
251 A.D.2d 492 (N.Y. App. Div. 1998)

Opinion

June 15, 1998

Appeal from the Supreme Court, Nassau County (Lockman, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

There are triable issues of fact as to the implied equitable right of the plaintiff, as guarantor of a partnership debt, to seek reimbursement from "the appellants, two former partners, for the sums he paid to the partnership's creditors ( see, Blanchard v. Blanchard, 201 N.Y. 134; Thompson v. Taylor, 72 N.Y. 32; Konitzky v. Meyer, 49 N.Y. 571). Therefore, the Supreme Court properly denied the appellants' cross motion for summary judgment.

Rosenblatt, J.P., Copertino, Goldstein and Luciano, JJ., concur.


Summaries of

Tanenbaum v. Dolgin

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1998
251 A.D.2d 492 (N.Y. App. Div. 1998)
Case details for

Tanenbaum v. Dolgin

Case Details

Full title:J. JAY TANENBAUM, Respondent, v. KALMON DOLGIN et al., Defendants, and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 15, 1998

Citations

251 A.D.2d 492 (N.Y. App. Div. 1998)
673 N.Y.S.2d 1022

Citing Cases

BEHR v. DIASTAR, INC.

Further, it is well settled that a guarantor is entitled to full indemnity against the consequences of a…