New York Court of Appeals

Ida W. Spaulding v. Frank J. Benenati

November 18, 198257 N.Y.2d 418

Summary

The Court held that goodwill in a professional practice that includes the right to continue operating at the same premises is a saleable asset and provides valid consideration. Accordingly, the defendant's partial summary judgment was denied and the plaintiff's motion to dismiss the third defense was granted. The Court reaffirmed that personal skill, judgment, and reputation of a deceased professional are not saleable.