Legal Opinion

Riviera Congress Associates ex rel. Lewy v. Yassky

New York Court of Appeals

Decided December 30, 1966PublishedCited by 105 opinions

1Opinion of the CourtFuld, J.

This litigation, like Lichtyger v. Franchard Corp. (18 N Y 2d 528, also decided today), raises the question whether some of the limited partners of a partnership comprising a real estate syndicate have the capacity to bring a representative cause of action — either on behalf of the other limited partners or on behalf of the partnership — and, if they do, whether they are entitled to summary judgment.

The plaintiffs are five out of approximately 350 limited partners in Eiviera Congress Associates (hereafter referred to as the Syndicate), a real estate syndicate which is the owner in fee of the…

2Cases cited18 opinions

  1. Meinhard v. SalmonNew York Court of Appeals · 1928
  2. Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
  3. Robinson v. SmithNew York Court of Chancery · 1831
  4. Ruzicka v. RagerNew York Court of Appeals · 1953
  5. Williams v. HartshornNew York Court of Appeals · 1946

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3Cited by105 opinions

  1. Tucker Anthony Realty Corp. v. SchlesingerCourt of Appeals for the Second Circuit · 1989
  2. Securities Groups v. BarnettCourt of Appeals for the Eleventh Circuit · 1993
  3. Caprer v. NussbaumAppellate Division of the Supreme Court of the State of New York · 2006
  4. Non-Linear Trading Co. v. Braddis Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  5. Leeb v. Guy (In Re Guy)United States Bankruptcy Court, N.D. Indiana · 1988

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