Weisman v. Awnair Corp. of America

In Weisman v. Awnair Corp. of America, 3 NY2d 444, 144 N.E.2d 415, 165 N.Y.S.2d 745 (1957), the Court of Appeals held that a partnership could not be operated in corporate form: The two forms of business are mutually exclusive, each governed by a separate body of law. When parties "adopt the corporate form, with the corporate shield extended over them to protect them against personal liability, they cease to be partners and have only the rights, duties and obligations of stockholders. They cannot be partners inter sese and a corporation as to the rest of the world" (id. at 449).