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ALPERT v. HAIMES

64 Misc.2d 608 (1970)

Abraham A. Alpert et al., Individually and as Partners of Forest Hills Associates, Suing on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. David Haimes et al., Individually, and as Partners of Forest Hills Associates, et al., Defendants.

Supreme Court, Special Term, Queens County.

October 6, 1970

Attorney(s) appearing for the Case

William Canton for David Haimes, defendant. Port, Pollan, Zimmer, Fishbach & Hertan for Mark H. Fleischman and others, defendants. John H. Sherry for Claude C. Phillippe, defendant. Edward E. Breger for Fred Kaiser and another, defendants. Weiss, Bronston, Ronsenthal, Heller & Schwartzman for plaintiffs.

CHARLES MARGETT, J.

The fundamental question presented in this motion to dismiss the complaint for legal insufficiency is whether limited partners may institute a class or representative action in a suit for accounting, fraud, conspiracy to commit fraud, balance due on a lease, and money due a partnership as capital contribution. The defendants contend the complaint should be dismissed on the grounds that:...

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