PONS v. ADRINESS PARTNERS, L.P.

452196/18. Appeal No. 13189. Case No. 2020-02568.

192 A.D.3d 462 (2021)

139 N.Y.S.3d 822

2021 NY Slip Op 01366

Jean Pons et al., Appellants, et al., Plaintiff, v. Adriness Partners, L.P., et al., Defendants, and Sandra Nunnerley et al., Respondents.

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

Decided March 9, 2021.


Attorney(s) appearing for the Case

McCue Sussmane Zapfel & Cohen P.C., New York ( Ken Sussmane of counsel), for appellants.

Pelosi Wolf Effron & Spates LLP, New York ( Alan Effron of counsel), for respondents.

Concur— Kapnick, J.P., Webber, Mazzarelli, Oing, JJ.


The former limited partner who had assigned all of his interest in the partnership to plaintiffs was not a necessary party to the partnership accounting. However, the Estate of the principal of the partnership's general manager and advisor, who was accused of operating a Ponzi scheme, could be adversely affected by rulings in the accounting, and thus must be joined (see Amsellem v Host Marriott Corp., 280 A.D.2d 357, 359 [1st Dept...

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