DKS Associates v. Tampa Pipeline Corp.

—Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Supreme Court properly granted the motion of defendant for summary judgment dismissing the first cause of action of the complaint, which sought specific performance of the partnership agreement providing for the removal of defendant as general partner and the substitution of a new general partner. The record establishes that plaintiffs do not own 95% or more of the aggregate limited partners’ interests, and therefore, they are not entitled to…