ALLISON PUBL'N, INC. v. MUT. BENEFIT LIFE INS. CO.


197 A.D.2d 463 (1993)

602 N.Y.S.2d 858

Allison Publications, Inc., et al., Respondents, v. Mutual Benefit Life Insurance Co. et al., Defendants, and Henry E. Kates et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 26, 1993


There was no need for plaintiffs to bring their derivative claims by "secur[ing] the initiation of such action" through demand upon the Rehabilitator of Mutual Benefit Life Insurance Co. ("MBL"), since MBL was not the general partner of the magazine partnership at issue (Partnership Law § 115-a [3]). Moreover, plaintiffs sufficiently demonstrated that any such demand upon the general partner, Mutual Benefit Financial Service...

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