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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Sheridan v. Desmond, 45 Conn. App. 686 (1997)

Citation
Sheridan v. Desmond, 45 Conn. App. 686 (1997)
Parent Document
Sheridan v. Desmond, 45 Conn. App. 686 (1997)
Jurisdiction
Connecticut (state)
Effective Date
1997-07-15

Other Sections in This Document (39)

Full Text

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The defendant also urges this court to rely on Gramercy Equities Corp. v. Dumont, 72 N.Y.2d 560, 531 N.E.2d 629, 534 N.Y.S.2d 908 (1988). That case, however, is concerned only with whether a joint venturer who committed an intentional fraud against a third party is entitled to indemnification from the other joint venturer. The test applied by the New York Court of Appeals *693was not whether the fraudulent act occurred during the ordinary course of business; rather, the court asked whether the act occurred in the “ordinary and proper conduct” of the partnership business. (Emphasis in original.) Id., 565. This was the relevant question because the statute governing indemnification between partners required that the conduct not only be in the ordinary course of business, but that the conduct be proper as well.