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PRESIDING JUSTICE: Hon. Matthew A. Rosenbaum

Peter Hammond v. Bruce W. Smith (Monroe County, J. Rosenbaum – 4/22/2016)
Commercial Division Rules Parties’ General Interest Does Not Create Partnership
On the eve of trial, Justice Matthew A. Rosenbaum granted summary judgment in favor of the defendant finding that a partnership agreement did not exist between the parties. The Court ruled the parties’ general interest in creating a partnership did not equate to the actual creation of a partnership. Where there was no agreement to share profits or losses, the parties did not verbally agree to form a partnership, and the defendant was solely liable to the creditors, there were no genuine issues of material fact as to the creation of a partnership.
- Peter Hammond v. Bruce Smith, 2016 NY Slip Op 50670(U) (Sup. Ct., Monroe County April 22, 2016)
- Key Terms: Partnership, Summary Judgment

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