New York Court of Appeals

Jay B. Birnbaum v. Saul I. Birnbaum, Appellant-Respondent Ilene L. Flaum v. Saul I. Birnbaum, Appellant-Respondent…

May 9, 198973 N.Y.2d 461

Summary

The Court held that a fiduciary may not charge compensation owed to his spouse to partnership property without full disclosure and consent of the other owners, affirming the trial court's judgment and rejecting the Appellate Division's reversal.