N.Y. Partnership Law § 73: Rights of retiring or estate of deceased partner when the business is continued

§ 73. Rights of retiring or estate of deceased partner when the

business is continued. When any partner retires or dies, and the

business is continued under any of the conditions set forth in section

seventy-two, subdivisions one, two, three, five and six, or section

sixty-nine, paragraph (b) of subdivision two, without any settlement of

accounts as between him or his estate and the person or partnership

continuing the business, unless otherwise agreed, he or his legal

representative as against such persons or partnership may have the value

of his interest at the date of dissolution ascertained, and shall

receive as an ordinary creditor an amount equal to the value of his

interest in the dissolved partnership with interest, or, at his option

or at the option of his legal representative, in lieu of interest, the

profits attributable to the use of his right in the property of the

dissolved partnership; provided that the creditors of the dissolved

partnership as against the separate creditors, or the representative of

the retired or deceased partner, shall have priority on any claim

arising under this section, as provided by section seventy-two,

subdivision eight of this chapter.