Hakim v Hakim

Holding The court affirmed the dismissal of a counterclaim on a promissory note because it was based on past consideration without an explicit written recitation or valid antecedent obligation. Additionally, the court upheld the grant of an accounting for a partnership dissolution, noting that a fiduciary relationship exists between partners and an accounting is the proper method for winding up a partnership.

The court’s words

The trial court properly dismissed Kamran's fourth counterclaim against Said seeking recovery under the 1998 promissory note upon determining that it was improperly premised on past consideration.

2026 NY Slip Op 05598, at the official text

An allegation of wrongdoing is not an indispensable element of a demand for an accounting where the complaint indicates a fiduciary relationship between the parties

2026 NY Slip Op 05598, at the official text

the only manner in which a partnership can be wound up is through an accounting

2026 NY Slip Op 05598, at the official text

the conduct attributed to Said did not rise to the level of immoral, unconscionable conduct

2026 NY Slip Op 05598, at the official text