MILLER v. ROSS

10377, 600845/09.

107 A.D.3d 511 (2013)

967 N.Y.S.2d 712

2013 NY Slip Op 4442

SETH MILLER, Derivatively as Special Class Z Limited Partner, Appellant, v. JAMES B. ROSS, et al., Respondents.

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

Decided June 13, 2013.


This is a derivative action by the Class Z limited partner in nominal defendant Massapequa Plaza Associates LP to restore to the partnership, among other things, fees and commissions it allegedly improperly paid to the general partner, defendant Ross, and his property management company, Intercapital Realty Corp. The operative agreements authorized Ross to take actions that resulted in the limited partnership's payment to him of leasing commissions, mortgage commissions,...

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