Facts

On Aug. 26, 1993, plaintiff Anil Desai entered into a written partnership agreement with defendants Jitendra and Rita Vakharia for U.S. Dry Clean, a dry cleaning business. The terms provided that defendants were responsible for the business' daily operations and would have complete authority to operate and manage "a healthy business operation." The terms also stated that plaintiff would act as "an investor and financier in the business" and be responsible for debts and liabilities incurred.

On Feb. 19, 2004, Michael Drucker, owner of the premises, sued plaintiff and other tenants alleging unpaid contributions, breach of contract, as well as indemnity and declaratory relief. Specifically, Drucker sought damages for contamination caused by the release of hazardous chemicals and prevailed.

Plaintiff requested defendants to contribute to the damages payment. Defendants refused and plaintiff filed suit for indemnity, contribution and declaratory relief.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants were partially responsible because they operated the business' daily activities.

DEFENDANTS' CONTENTIONS:
Defendants contended that the partnership agreement attributed full responsibility for outstanding debts as well as liabilities to plaintiff and in return, defendants would manage and operate the business on a daily basis.

Result

Plaintiff's verdict of $234,532; $134,532 to clean up contamination and $100,000 for future contamination cost against defendant Jitendra Vakaharia. Claims against Rita Vakharia dismissed.

Other Information

FILING DATE: March 16, 2007.