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BARRETT v. TOROYAN

28 A.D.3d 331 (2006)

813 N.Y.S.2d 415

PATRICK D. BARRETT, Individually and as a Limited Partner of Delma Associates LP, for the Benefit of Delma Associates LP, Appellant, v. KEVORK TOROYAN et al., Respondents, et al., Defendant.

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

April 18, 2006.

Contrary to defendants' contention, plaintiff may bring derivative claims on behalf of Delma Associates, a Delaware limited partnership (Del Code Ann, tit 6, § 17-1002). However, to the extent that counts I and II allege that defendants diverted an opportunity from Delma Associates to defendant Delma Associates II, LLC, they were properly dismissed based on documentary evidence (CPLR 3211 [a] [1]). Delma Associates' partnership agreement permits its partners to engage...

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