Legal Question in Business Law in New York

mismanaged partnership

i am a 20% owner in a general partnership which owns real estate. I want to retire from the partnership but the partners claim they dont have the money to pay me out. they are bound by the partnership agreement to give me 20% of the value of the building minus any incumbancies. what do i do?


Asked on 1/16/09, 9:07 am

3 Answers from Attorneys

Marshall Isaacs Marshall R. Isaacs, Attorney At Law

Re: mismanaged partnership

It depends entirely on the provisions in your Agreement regarding transfer of ownership interests.

Don't take any action without first having an attorney look at the Agreement.

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Answered on 1/16/09, 9:13 am
Michael Markowitz Michael A. Markowitz, PC

Re: mismanaged partnership

You have to follow the terms under the partnership agreement. That may mean formal notice and required steps to dissolve the partnership.

If that does not work, you would have the right of Judicial Dissolution under the Article 6 of the NY Partnership law.

If you want to discuss further feel free to telephone.

Mike.

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Answered on 1/16/09, 9:14 am
Steven Czik CZIK LAW PLLC

Re: mismanaged partnership

You definitely have certain options however exactly which ones would be best for you to exercise would depend on the terms of your partnership or operating agreement. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Law Offices of

STEVEN J. CZIK, P.C.

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New York, New York 10013

212.413.4462

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The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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Answered on 1/16/09, 1:58 pm


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