Appeal from a judgment of the Justice Court of the Town of Clarkstown, Rockland County (Howard Gerber, J.), entered August 30, 2007. The judgment, after a nonjury trial, dismissed the action.

Judgment affirmed without costs.

In this small claims action to recover the principal sum of $2,646, we agree with the finding of the lower court that plaintiff sued the wrong party since he testified that the payment he was seeking to recover was a quarterly distribution which a corporation failed to pay. To the extent plaintiff argues that defendant is his partner and has withheld payments due under a partnership agreement, no action may be maintained by one partner against another for any claim arising out of a partnership until there has been an accounting (see Briscoe v White, 8 Misc 3d 1 [App Term, 9th & 10th Jud Dists 2004]). Accordingly, the court's dismissal of the action rendered substantial justice between the parties according to the rules and principles of substantive law (UJCA 1804, 1807).

Rudolph, P.J., McCabe and Scheinkman, JJ., concur.
Decision Date: November 19, 2008