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RIVIERA CONG. ASSOC. v. YASSKY

18 N.Y.2d 540 (1966)

Riviera Congress Associates, a New York Limited Partnership, by Martin Lewy et al., Partners, Appellant, v. Harold Yassky et al., Individually and as General Partners of Mid-Manhattan Associates, a New York Limited Partnership, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 30, 1966.

Attorney(s) appearing for the Case

George H. Schwartz, Harvey M. Sklaver and Paul E. Gelbard for appellant.

Myron J. Greene, Martin Greene and Howard R. Udell for respondents.

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

Chief Judge DESMOND and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur.

FULD, 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...

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