Albert v. Haimes

The fundamental question presented in this motion to dismiss the complaint for legal insufficiency is whether limited partners may institute a class or representa*609tive action in a suit for accounting, fraud, conspiracy to commit fraud, balance due on a lease, and money due a partnersMp as capital contribution. The defendants contend the complaint should be dismissed on the grounds that: (1) plaintiffs, as limited partners, have no right to bring a class action; (2) an action for an accounting without a dissolution of a partnership is not authorized by law or by the terms of the partnership…