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SITE 35 v. KRETCHMER

148 Misc.2d 89 (1989)

Site 35 Redevelopment Associates No. 1, a New York Limited Partnership by Paul Marcus, as a Limited Partner, et al., Plaintiffs, v. Jerome Kretchmer et al., Individually and as General Partners of Site 35 Redevelopment Associates No. 1, et al., Defendants.

Supreme Court, New York County.

September 19, 1989

Attorney(s) appearing for the Case

Schwartzfeld, Ganfer & Shore for defendants. Migdal, Tenney, Glass & Pollack (Daniel Glass of counsel), for plaintiffs.

EDWARD J. GREENFIELD, J.

In this derivative action by Paul Marcus, a limited partner in Site 35 Redevelopment Associates No. 1 (SRA No. 1), in which he charges that the general partners improperly diverted partnership funds and made certain improper loans, the defendant general partners move to dismiss the complaint for insufficiency pursuant to CPLR 3211. Plaintiff cross-moves for summary judgment (CPLR 3212...

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