Francis W. Ruzicka, Copartners Doing Business as " Ruzicka's " v. Edward Rager, Appellant Edward Rager v. Francis W…

Summary

The Court affirmed the Appellate Division, holding that a counterclaim seeking non‑partnership liability against individual partners in a partnership action is improper because the claim and counterclaim must be between the same parties in the same capacity; the partnership is a separate pleading entity. The decision also affirmed the dismissal of the related counterclaim against the partners individually.