In a decision issued in August of this year, Justice Larry D. Martin of the New York State Supreme Court, Kings County, analyzed the legal bases used to determine whether a partnership exists. The decision was rendered in the context of a motion to reargue and renew the court’s previous decision in which the court had ruled that, in the absence of proof that law partners agreed to share profits and losses, the dismissal of partnership-related claims was required under CPLR 3211.

The dispute concerned the departure of lawyers from a law firm, whether the law firm was a partnership, and which of the lawyers were partners. The decision is noteworthy, among other reasons, because it sets forth the criteria for determining whether a partnership exists where a written agreement exists among the parties.