Brady v. Erlanger 231 N.Y. 563

William A. Brady, Respondent, v. Abraham L. Erlanger, Appellant.

Partnership — dissolution — accounting — loss of profits.

Brady v. Erlanger, 188 App. Div. 728, affirmed.

(Argued April 27, 1921;

decided May 13, 1921.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 12, 1919, unanimously affirming a judgment in favor of plaintiff entered upon the report of a referee. The action was for the dissolution of an alleged copartnership and for an accounting. The complaint alleged that plaintiff and defendant Mitered into a partnership to lease for a term of years a theatre in Chicago; that thereafter, without plaintiff’s consent, defendant agreed with a third party to discontinue *564váudeville performances at said theatre, for which he received a large sum of money, but refused to account to plaintiff for any portion thereof; that thereafter defendant sold the lease of the theatre, without the consent of plaintiff, for less than it was worth and accounted to plaintiff for but a small part of the amount he received. The referee was appointed by an order of the Appellate Division reversing a prior interlocutory judgment in favor of defendant and making new findings of fact and conclusions of law.

David Gerber for appellant.

William M. Parke, John B. Stanchfield and Nathan Vidaver for respondent.