(a) A partnership may maintain an action against a partner for a breach of the partnership agreement, or for the violation of a duty to the partnership, causing harm to the partnership.
(b) A partner may maintain an action against the partnership or another partner for legal or equitable relief, with or without an accounting as to partnership business, to:
(1) Enforce the partner's rights under the partnership agreement;
(2) Enforce the partner's rights under sections 34-300 to 34-399, inclusive, including: (A) The partner's rights under section 34-335, 34-336 or 34-337; (B) the partner's right on dissociation to have the partner's interest in the partnership purchased pursuant to section 34-362 or enforce any other right under sections 34-355 to 34-357, inclusive, or sections 34-362 to 34-366, inclusive; or (C) the partner's right to compel a dissolution and winding up of the partnership business under section 34-372 or enforce any other right under sections 34-372 to 34-378, inclusive; or
(3) Enforce the rights and otherwise protect the interests of the partner, including rights and interests arising independently of the partnership relationship.
(c) The accrual of, and any time limitation on, a right of action for a remedy under this section is governed by other law. A right to an accounting upon a dissolution and winding up does not revive a claim barred by law.
(P.A. 95-341, S. 25, 58.)
History: P.A. 95-341 effective July 1, 1997.
Notes of Decisions
Brennan v. Brennan Assocs., 977 A.2d 107 (Conn. 2009).
· cites it 6× “or other terms of the obligation to purchase” pursuant to General Statutes § 34-339 (b) (2) (B). There is no comparable provision under § 34-362 for a court action by the remaining partners.”
Chioffi v. Martin, 186 A.3d 15 (Conn. App. Ct. 2018).
· cites it 3× “) General Statutes § 34-339 (b). Under current law, an accounting is not mandatory merely because it is requested: many situations may require a formal judicial accounting; in others, discovery may suffice.”
Schwartz v. Fam. Dental Grp., P.C., 943 A.2d 1122 (Conn. App. Ct. 2008).
· cites it 4× “At trial, the plaintiff pursued only the first count of the complaint, in which he sought equitable relief pursuant to General Statutes §§ 34-339 2 and 34-362 (b) 3 and restoration of his partnership status.”
Horner v. Bagnell, 154 A.3d 975 (Conn. 2017).
· cites it 2× “Despite the admitted allegation that the law firm was a limited liability company, we are satisfied for the limited purpose of the present appeal to accept the parties' representations and treat their relationship as governed by the Connecticut Uniform Partnership Act.”
DeLeo v. Equale & Cirone, LLP, 184 A.3d 1264 (Conn. App. Ct. 2018).
· cites it 3× “The plaintiff sought, inter alia, a dissolution and winding up of the partnership pursuant to General Statutes §§ 34-339(b)(2)(C) and 34-372(5) ; restoration of his partnership rights pursuant to § 34-339(b)(1) ; an accounting and access to the partnership's books and records…”
Deleo v. Equale & Cirone, LLP (Conn. App. Ct. 2021).
· cites it 3× “The plaintiff sought, inter alia, a dissolution and winding up of the partnership pursuant to General Statutes §§ 34-339 (b) (2) (C) and 34-372 (5); restoration of his partnership rights pursuant to § 34-339 (b) (1); an accounting and access to the partnership’s books and…”
— Conn. Gen. Stat. § 34-339(b)(1) — 1 case
DeLeo v. Equale & Cirone, LLP, 184 A.3d 1264 (Conn. App. Ct. 2018).
“The plaintiff sought, inter alia, a dissolution and winding up of the partnership pursuant to General Statutes §§ 34-339(b)(2)(C) and 34-372(5) ; restoration of his partnership rights pursuant to § 34-339(b)(1) ; an accounting and access to the partnership's books and records…”
— Conn. Gen. Stat. § 34-339(b)(2)(C) — 1 case
DeLeo v. Equale & Cirone, LLP, 184 A.3d 1264 (Conn. App. Ct. 2018).
“The plaintiff sought, inter alia, a dissolution and winding up of the partnership pursuant to General Statutes §§ 34-339(b)(2)(C) and 34-372(5) ; restoration of his partnership rights pursuant to § 34-339(b)(1) ; an accounting and access to the partnership's books and records…”
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