Cara Associates, L.L.C. v. Milstein

Order and judgment (one paper), Supreme Court, New York County (Jeffrey K. Oing, J.), entered May 6, 2016, which denied defendants’ motion to dismiss the complaint, granted plaintiffs’ application to convert defendants’ dismissal motion to one for summary judgment and to conform the pleadings to the proof, granted plaintiffs’ motion for summary judgment, and declared, inter alia, that plaintiffs had the authority to remove Howard P. Milstein from his partnership management position and appoint a new manager by majority vote, and that a majority vote of the partners had authorized Michael L.…