N.Y. Laws » CHAPTER Partnership / ARTICLE Dissolution and Winding Up
New York Consolidated Laws

N.Y. Partnership Law § 74 (2026)

Accrual of actions

✓ current as of May 2026
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§ 74. Accrual of actions.  The right to an account of his interest
shall accrue to any partner, or his legal representative, as against the
winding up partners or the surviving partners or the person or
partnership continuing the business, at the date of dissolution, in the
absence of agreement to the contrary.
Notes of Decisions
Cited in 43 cases (8 in the last 5 years), 1980–2024 · leading case: Ederer v. Gursky, 881 N.E.2d 204 (N.Y. 2007).
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Ederer v. Gursky, 881 N.E.2d 204 (N.Y. 2007). · cites it 6× “partners from their individual obligations to account to a withdrawing partner under the earlier enacted and unamended Partnership Law § 74 (Rich, Practice Commentaries, McKinney's Cons Law of NY, Book 38, Partnership Law art 8-B, at 426; compare Partnership Law § 40 [1], [2]; §…”
6D Farm Corp. v. Carr, 63 A.D.3d 903 (N.Y. App. Div. 2009). · cites it 2× “A cause of action for an accounting accrues upon dissolution of the partnership and must be commenced within six years of dissolution (see Partnership Law § 74; CPLR 213 [1]; Mashihi v 166-25 Hillside Partners, 51 AD3d 738 [2008]).”
Ellis v. Abbey & Ellis, 294 A.D.2d 168 (N.Y. App. Div. 2002). “Supreme Court dismissed the action, finding that plaintiffs decedent was not an equity partner and, thus, that plaintiff was not entitled to an accounting (Partnership Law § 74). This Court affirmed ( 271 AD2d 353 , lv denied 95 NY2d 760 ).”
Dawson v. White & Case, 672 N.E.2d 589 (N.Y. 1996). · cites it 3× “This appeal presents two questions arising from an accounting pursuant to Partnership Law § 74 of Dawson’s interest in White & Case: (i) whether the law firm possesses goodwill that can be distributed in an accounting proceeding; and (ii) whether the law firm’s unfunded pension…”
Sriraman v. Patel, 761 F. Supp. 2d 7 (E.D.N.Y 2011). · cites it 3× “See N.Y. Partnership Law § 74 ; Scholastic, Inc.”
Abasciano v. Dandrea, 83 A.D.3d 1542 (N.Y. App. Div. 2011). “In response to a motion in March 2009 by plaintiff seeking the appointment of an accountant pursuant to Partnership Law § 74 to conduct an accounting “for the purpose of winding up the parties’ dissolved partnership,” defendant cross-moved for, inter alia, “a specific finding…”
Leonard v. Cummins, 151 N.Y.S.3d 510 (N.Y. App. Div. 2021). · cites it 3× “This statute of limitations begins to run on "the date of dissolution" of the partnership (Partnership Law § 74; see Schultz v Sayada , 133 AD3d at 1017 ).”
Gaentner v. Benkovich, 18 A.D.3d 424 (N.Y. App. Div. 2005). “However, that portion of the fifth cause of action which seeks an accounting may be maintained (see Partnership Law § 74). The plaintiffs established their entitlement to a preliminary injunction enjoining the defendant from disposing of or encumbering the ownership and equity…”
Nancy Ebker, Cross-Appellee v. Tan Jay Int'l, Ltd. & Peter J. Nygard, Tan Jay Int'l, Ltd., Cross-Appellant, 739 F.2d 812 (2d Cir. 1984). “Although Nygard has argued, both to the district court and to us, that the only remedy available to Ebker as a joint venturer “at will” is an accounting, see N.Y. Partnership Law § 74 , the district judge never resolved the issue of what remedies Ebker might have and we- think…”
Sterling v. Sterling, 21 A.D.3d 663 (N.Y. App. Div. 2005). “As Supreme Court’s decision reflects a careful review of this evidence and a deliberate application of the relevant law, we will not disturb its determination.”
Mehlman v. Avrech, 146 A.D.2d 753 (N.Y. App. Div. 1989). “Therefore, the doctrine of unclean hands does not defeat the plaintiffs’ statutory right to an accounting of partnership assets in this case (see, Partnership Law § 74). Bracken, J. P., Rubin, Sullivan and Harwood, JJ.”
Ebker v. Tan Jay Int'l Ltd., 741 F. Supp. 448 (S.D.N.Y. 1990). “although Nygard has argued, both to the district court and to us that the only remedy available to Ebker as a joint ven-turer ‘at will’ is an accounting, see N.Y. Partnership Law § 74 , the district judge never resolved the issue of what remedies Ebker might have and we think it…”
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