Legal Question in Civil Rights Law in New York

embezellment

my partner (25%) and his wife were handling all of our bills/checks/online banking etc. I recently reviewed the books and found he has been using our business as his personal bank. writing checks to himself and paying his personal amex and much more. How can i get him out of the business and what are my legal options. thank you


Asked on 12/13/07, 7:51 pm

1 Answer from Attorneys
Alani Golanski Alani Golanski, Esq.

Re: embezellment

Given what you've described, the answer concerning the removal of your partner should lie within the Partnership Agreement itself. These often permit removal for "cause," or specifically for fraud, bad faith, gross negligence, self-dealing, willful misconduct, or various other acts. Apart from removal, you may well also have a right to legal recourse based on violation of New York's Partnership Law, and such causes of action as breach of fiduciary duty, breach of contract, fraud, and so forth, and thereby a right to recover damages.

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Answered on 12/13/07, 8:39 pm


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