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PERRET WALLACE v. PERRET

35365/07.

28 Misc.3d 1023 (2010)

903 N.Y.S.2d 888

DENISE C. PERRET WALLACE et al., Plaintiffs, v. PHYLLIS PERRET et al., Defendants.

Supreme Court, Kings County.

Decided June 23, 2010.

Attorney(s) appearing for the Case

Smith, Gambrell & Russell, LLP, New York City ( J. Joseph Bainton of counsel), for Perret Family Limited Partnership, L.P., defendant.

Law Offices of Mark S. Goldstein, New York City ( Mark S. Goldstein of counsel), for plaintiffs.

Bennett & Moy, LLP, New York City ( Alan Bennett of counsel), for Phyllis Perret, defendant.

OPINION OF THE COURT

CAROLYN E. DEMAREST, J.

Defendant Perret Family Limited Partnership, L.P. moves to dismiss this action pursuant to Partnership Law § 115-a (4) and CPLR 3212. Plaintiffs cross-move pursuant to CPLR 6311, 6312 and 6313 to enjoin defendants from implementing resolutions passed at a partnership meeting and for the appointment of an attorney for the partnership and a receiver for the properties and assets of the partnership. Plaintiffs...

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