Berkule v. Feldman

Order, entered on May 17, 1963, denying appellants’ motion to dismiss as insufficient the second, third and fifth causes of action in the amended complaint and to strike certain paragraphs thereof, unanimously affirmed, without costs. Although we agree with Special Term’s disposition of this motion, we deem it appropriate to record our understanding of plaintiff’s allegations regarding the law of Georgia. The agreement of limited partnership, which is annexed to and made part of the amended complaint, clearly provides that the general partners have power to sell the real estate and personalty…