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can you please answer number 1 for me It is true that certain of the exhibits, such as copies of checks and letters written on
can you please answer number 1 for me
It is true that certain of the exhibits, such as copies of checks and letters written on the law firm letterhead, refer to the firm as "Campbell and Lichtenfels, LLP." These exhibits, however, were not offered for the purpose of establishing the partnership's character, and merely putting the initials"LLP" on checks and letterhead is not, in and of itself, proof of having met the statutory requirements for registration as a limited liability partnership. The key to establishing entitlement to the protections offered by [the limited liability partnership statute] is proof that the partnership has filed"a certificate of limited liability partnership with the Secretary of the State," and the plaintiff presented no such evidence to the court. Because the evidence presented at the hearing does not support a claim that the nature of the relationship between the parties to this case was that of partners in a registered limited liability partnership, the provisions of [the limited liability partnership statute] do not apply. Rather, this partnership is governed by the provisions of [the Uniform Partnership Act] which states: "Except as otherwise provided... all partners are liable jointly and severally for all obligations of the partnership unless otherwise agreed by the claimant or provided by law." Because there has been no evidence that this partnership falls within [any exceptions] the court finds Campbell and Lichtenfels to have been a general partnership in which the plaintiff shares the liability for the malpractice claim, even if he was not the partner responsible for the alleged negligence that led to that claim.The plaintiff correctly points out that reargument is appropriate when the court has "overlooked" a "... principle of law which would have a controlling effect..." on the outcome of the case at hand. [Citation] The principle of law now raised by the plaintiff was "overlooked" by the court at the time of the hearing for two good reasons. First, it was not brought to the court's attention at the time of the hearing. Second, and more importantly, the plaintiff presented no evidence that would have supported the claim that the principle of law in question, namely the provisions of [the limited liability partnership] was applicable to the facts of this case. Because the provisions of [that statute] are in applicable, they are quite obviously not" controlling." The principle of law which does control this issue is found in [general partnership law] and that prin ciple makes the plaintiff liable for his share of the malpractice settlement, as the court has previously found. The motion for reargument is therefore deniedStep by Step Solution
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