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Corporations Keyed to Hamilton
8182 Maryland Associates, Limited Partnership v. Sheehan
Facts
On April 5 1982, the general partnership of Popkin, Stern, Heifitz, Lurie, Sheehan, Reby & Chervitz, a law firm, entered into a lease agreement with Appellant. Richard J. Sheehan, a general partner, signed the lease along with the other thirteen partners. The lease was to begin when the space was “ready for occupancy.” Prior to that date, Sheehan withdrew from the partnership. He assigned his interest in the partnership to the remaining partners. Then the partnership formally adopted the name of Popkin & Stern. The lease was not expressly assigned in writing to the new partnership nor did the new partnership assume the obligations of the lease in writing. Popkin & Stern began occupancy of the leased premises sometime before April 27, 1986. Timothy Noelker, Douglas Burdette, Barbara Lageson, and Jeffrey Klar became partners of Popkin & Stern at varying points during 1985. All four withdrew from the partnership before December 1, 1989. Popkin & Stern defaulted on their lease in September of 1991 and filed for bankruptcy in 1992. Appellant brought suit for past due rent and other expenses and named as defendants all past and present general partners of the firm since April 4, 1984. Noelker, Klar, Sheehan, Burdette, and Harris successfully moved for summary judgment and partial summary judgment. 8182 Maryland appeals.
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