Rapoport v. 55 Perry Co.
Supreme Court of New York, Appellate Division
376 N.Y.S.2d 147 (1975)
Facts
Simon, Genia, and Ury Rapoport (the Rapoports) (plaintiffs) joined with Morton, Jerome and Burton Parnes (the Parnes) (defendants) to form a partnership. Paragraph 12 of the partnership agreement states that partners do not have authority to assign or sell partnership property, or to enter into an agreement that grants another person an interest in the firm without the written consent of a majority of the partners. Immediate family members of partners, however, could be granted an interest without consent. Paragraph 15 provides that when a partner dies, her heir steps into her shoes and is granted the same rights and obligations that the partner had. Without consulting other partners, Simon and Genia Rapoport assigned 10 percent of their partnership share to their two adult children and attempted to make them partners. The Parnes objected. The Rapoports sued the Parnes seeking a declaratory judgment that the partnership agreement permitted them to unilaterally add their adult children as full partners. Both sides moved for summary judgment. The trial court denied both motions.
Rule of Law
Issue
Holding and Reasoning (Tilzer, J.)
Dissent (Nunez, J.)
What to do next…
Here's why 707,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,500 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
