Stark v. Goldberg
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The complaint asserts a derivative action on behalf of the limited partnership, alleging mismanagement by one of the general partners. Plaintiffs are without standing to maintain this cause of action and, to the extent that the complaint seeks dissolution of the limited partnership, it is moot.
As both limited and general partners of 187 Concourse Associates, plaintiffs have the powers of general partners, except as to the valuation of their interests as limited partners (Partnership Law § 101 [2]). Specifically, “[a] person who is a general, and also at the same time a limited partner, shall *204*…
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