Della Ratta v. Larkin

This dispute among the partners of the East Park Limited Partnership (“East Park”) arose in the aftermath of East Park’s sole general partner issuing a substantial capital call in March 2002. Some of the limited partners, who believed compliance with the capital call was financially unwise, wrote to the general partner to inform him of their intention to withdraw from the partnership before the capital call became due. The general partner responded that the limited partners could not withdraw from the partnership and would be in default should they fail to comply with the capital call, the…