SALTZSTEIN v. PAYNE WOOD LITTLEJOHN

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Supreme Court, Appellate Division, Second Department, New York.

Robert M. SALTZSTEIN, Appellant, v. PAYNE, WOOD & LITTLEJOHN, Respondent.

Decided: March 25, 2002

DAVID S. RITTER, J.P., NANCY E. SMITH, WILLIAM D. FRIEDMANN and BARRY A. COZIER, JJ. Spizz & Cooper, LLP, Mineola, N.Y. (Harvey W. Spizz of counsel), for appellant. Farrell Fritz, P.C., Uniondale, N.Y. (John P. McEntee of counsel), for respondent.

In an action for a partnership accounting, the plaintiff appeals from an order of the Supreme Court, Nassau County (Lally, J.), entered September 19, 2001, which granted the defendant's motion for summary judgment dismissing the plaintiff's cause of action for a share of the value of the defendant's good will.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion for summary judgment dismissing the plaintiff's cause of action for a share of the value of the defendant's good will.   The partnership agreement at issue did not specify that good will was a firm asset, no consideration was paid for good will when new partners joined, no amounts were paid or given on account of good will, and the firm's financial statements did not reflect any good will.   Thus, “it is clear that the partners did not otherwise view good will as a firm asset” (Kaplan v. Schachter & Co., 261 A.D.2d 440, 441, 690 N.Y.S.2d 91;  see Dawson v. White & Case, 88 N.Y.2d 666, 649 N.Y.S.2d 364, 672 N.E.2d 589).

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