HENDLER MURRAY v. LAMBERT, 67 N.Y.2d 831 (1986)

492 N.E.2d 773, 501 N.Y.S.2d 645

HENDLER MURRAY, P.C., Appellant, v. ARTHUR LAMBERT, Respondent. (And Another Proceeding.)

Court of Appeals of the State of New York.
Decided March 25, 1986

Appeal from the Appellate Division of the

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Supreme Court in the Second Judicial Department, John S. Lockman, J.

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Robert G. Post for appellant.

David Blasband for respondent.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order modified, with costs to appellant, by deleting so much thereof as provided that Hendler Murray, P.C., exists as the alter ego of its predecessor partnership and is liable for the debts and obligations thereof, and substituting a provision that Hendler
Murray, P.C., is a proper party to the arbitration proceeding in view of its adoption of the rights and obligations owing to respondent Arthur Lambert pursuant to the 1976 partnership agreement of the Hendler Murray partnership and any written modification thereof and, as so modified, order affirmed. The extent to which Hendler Murray, P.C., is liable to Lambert for debts and obligations of the predecessor partnership is a question to be settled by arbitration.

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.

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