Partners Till Death Do Us Part?

Law360, New York (October 23, 2013, 11:43 AM EDT) -- New York Supreme Court Justice Eileen Bransten’s recent summary judgment decision in Le Bel v. Donovan, Index No. 652200/10 (Sup. Ct. N. Y. Co. Aug. 19, 2013), concerns the continued existence of a partnership upon the death of a partner. The decision illustrates that it is very difficult to obtain certainty, even where the partnership agreement explicitly dealt with this very situation.

The case teaches that it is always possible to draft an agreement more clearly to limit the possible lines of attack. It also is...
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