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MATTER OF RAPUANO v. PRODUCTION COMPANY

303 A.D.2d 243 (2003)

756 N.Y.S.2d 555

In the Matter of NICHOLAS RAPUANO, Appellant, v. PRODUCTION COMPANY et al., Respondents. In the Matter of NICHOLAS RAPUANO, Appellant, v. FMAC ASSOCIATES et al., Respondents.

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

Decided March 13, 2003.

Petitioner's motions for a receiver were properly denied for lack of a sufficient showing of waste or mismanagement over the 10 years since petitioner and respondents disassociated, and where the partnerships' main assets consist of real property (see B.D. & F. Realty Corp. v Lerner, 232 A.D.2d 346, 346 [1996]). No reason appears why the parties' respective interests in the partnerships cannot be adjusted in orderly fashion with...

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