[DOWNLOAD] "William A. Stevens v. St. Joseph's Hospital" by Supreme Court of New York " Book PDF Kindle ePub Free

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eBook details

• Title: William A. Stevens v. St. Joseph's Hospital
• Author : Supreme Court of New York
• Release Date : January 09, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

[52 A.D.2d 722 Page 722] Order and judgment unanimously affirmed, with costs. Memorandum: Plaintiff doctor appeals from a judgment of Supreme Court which dismissed his complaint in an action for an accounting. We agree with the trial court that plaintiff's first cause of action must be dismissed since it was based upon a 1963 contract between defendant hospital and three doctors, including plaintiff individually, as co-partners. Plaintiff, as an individual, cannot assert that he has been entitled to one third of the defendant's monthly payments under the contract, free of any partnership commitments. A partnership cause of action belongs to the partners jointly, and a member of the partnership may not recover on a partnership obligation by his individual suit (Ruzicka v Rager, 305 NY 191, 197; Kirschbaum v Merchants Bank of N. Y., 272 App Div 336; Baron v Lakow, 121 App Div 544). Plaintiff's second (and final) cause of action, based on a 1964 contract between the hospital and himself, was also properly dismissed. Plaintiff has failed to establish that he is entitled to an accounting. The basis for an equitable action for accounting is the existence of a fiduciary or trust [52 A.D.2d 722 Page 723]

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