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BARRETT v. TOROYAN

35 A.D.3d 278 (2006)

826 N.Y.S.2d 566

PATRICK D. BARRETT, Individually and as a Limited Partner of DELMA ASSOCIATES, LP, Appellant, v. KEVORK TOROYAN et al., Respondents.

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

Decided December 19, 2006.

With respect to the March 22 order, we address defendants' argument based on the advancement provision in the partnership agreement even though raised for the first time on appeal (see Natradeze v Rubin, 33 A.D.3d 535 [2006]). The provision, which gives the general partner the "absolute right" to obtain legal and other expert counsel at the expense of the partnership, even in litigation commenced by a limited partner, such as this...

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