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LICHTYGER v. FRANCHARD CORP.

18 N.Y.2d 528 (1966)

Irene Lichtyger et al., Individually and as Limited Partners of River View Associates, a Limited Partnership, Suing on Behalf of Themselves and All Others Similarly Situated, Appellants, v. Franchard Corporation et al., Defendants, and James Talcott, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided December 30, 1966.

Attorney(s) appearing for the Case

Barry Golomb for appellants.

Milton Kunen and Julius Berman for respondents.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, David Clurman, Stephen M. Leon and Alan L. Kazlow of counsel), amicus curiæ.

Opinion by Judge FULD. All concur, Judge BURKE concurring in a separate memorandum and Judge VAN VOORHIS concurring in result in a separate memorandum.

FULD, J.

The plaintiffs-appellants, who sue "on Behalf of Themselves and All Others Similarly Situated", are 31 limited partners with $202,500 invested in a real estate syndicate, River View Associates, of which the defendants Siegel and Young are the general partners.1 River View is the owner in fee of the Sheraton Motor Inn in New York City, a motel in whose financing and operation...

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