Vecchitto v. Vecchitto

2008 WL 4210784 (2008)

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Nature of the Case

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Facts

Christopher Vecchitto and Vecchitto Lemon Ice (Ps), filed an eighteen-count complaint against Vecchitto (Ds) alleging various claims that arise out of the alleged breach of a partnership agreement that P and his brothers (Ds). All of the odd counts are brought on behalf of the individual partner, Christopher Vecchitto (P), and all of the even counts are brought on behalf of Vecchitto Lemon Ice (P), the partnership. Ps allege that Ds have breached the provisions of the partnership agreement by either transferring his interests in the partnership and/or introducing other persons into the business of the partnership without the consent required in the partnership agreement. Ds have filed a motion to dismiss on behalf of the partnership arguing that the partnership lacks standing to bring suit because it never authorized such action. The partnership (P) argues that it would be futile to try to come to an agreement to file suit on behalf of the partnership because the remaining two partners would not have agreed to file suit because they are also defendants in this action. The partnership (P) argues that it would set a bad precedent to not allow the individual partner, without the consent of the other partners, to file a lawsuit on behalf of the partnership.