Court Opinions

State Laws

US Code

US Constitution

New York Partnership Law Section 63 - Dissolution By Decree Of Court.

Legal Research Home > New York Lawyer > Partnership > New York Partnership Law Section 63 - Dissolution By Decree Of Court.

    § 63.  Dissolution  by  decree  of  court.  The  court shall decree a
  dissolution.
    1. On application by or for a partner whenever:
    (a) A partner has been declared incompetent in any judicial proceeding
  or is shown to be of unsound mind,
    (b) A partner becomes in any other way  incapable  of  performing  his
  part of the partnership contract,
    (c)  A  partner  has  been  guilty  of such conduct as tends to affect
  prejudicially the carrying on of the business,
    (d) A partner  wilfully  or  persistently  commits  a  breach  of  the
  partnership  agreement,  or  otherwise  so  conducts  himself in matters
  relating  to  the  partnership  business  that  it  is  not   reasonably
  practicable to carry on the business in partnership with him,
    (e) The business of the partnership can only be carried on at a loss,
    (f) Other circumstances render a dissolution equitable;
    2.  On  the application of the purchaser of a partner's interest under
  sections fifty-three or fifty-four:
    (a)  After  the  termination  of  the  specified  term  or  particular
  undertaking,
    (b)  At any time if the partnership was a partnership at will when the
  interest was assigned or when the charging order was issued.

Last modified: August 9, 2006