Murray v. Murray
New York Supreme Court
32 Misc. 3d 1234(A) (2011)
- Written by Jamie Milne, JD
Facts
Between late 2006 and February 2007, Timonthy Murray (plaintiff) spent $225,000 renovating a building for use as a delicatessen. Between early 2007 and fall 2008, Timothy operated Murray’s Delicatessen in the renovated building alongside his siblings Michael Murray and Eileen Coyle (defendants). All three siblings worked at the deli, each committing about 60 hours per week to the deli’s operations. When conducting deli business, the siblings held themselves out as partners. The deli was profitable, and the siblings equally shared the profits in addition to taking an hourly wage. In 2008, Timothy asked Michael and Eileen to begin making monthly payments toward their capital contributions of $225,000 each, which he claimed they had agreed to in the partnership agreement. Michael and Eileen denied that a partnership existed and refused to make any payments. Although Timothy was unable to produce evidence of a written partnership agreement, he filed suit against Michael and Eileen, asking the court to declare that a partnership existed.
Rule of Law
Issue
Holding and Reasoning (Weiner, J.)
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