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PAPPAS v. B & G HOLDING CO.

Index No. 35136/20. Appeal No. 16287. Case No. 2021-04073.

208 A.D.3d 1105 (2022)

175 N.Y.S.3d 48

2022 NY Slip Op 05280

Dean George Pappas, as Executor of the Estate of William Egan, Deceased, et al., Appellants, v. B & G Holding Co., Doing Business as B & G Holding Company et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 27, 2022.

Attorney(s) appearing for the Case

Ahearne Law Firm, PLLC, Warwick (Allan J. Ahearne, Jr. of counsel), for appellants.

Piana & Gioe, LLC, Hauppauge (Jack Piana of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, Friedman, Scarpulla, Mendez, JJ.

The first cause of action to wind up B & G was properly dismissed. "[O]n the death of a partner, the surviving partners have the exclusive right to wind up the affairs of the partnership; the representative of the deceased partner does not have any right to participate" (Gross v Neiman, 147 A.D.3d 505, 506 [1st Dept 2017] [citation omitted]).

However, the second cause of action for an accounting should not have been dismissed...

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