99 A.D.2d 711 | N.Y. App. Div. | 1984
Order entered May 31, 1983 in Supreme Court, New York County (Seymour Schwartz, J.), denying defendants’ motion to dismiss the complaint, or, for a more definite statement, unanimously modified, on the law, to the extent of dismissing the first cause of action, and the order is otherwise affirmed, without costs. To the extent that the appeal purports to be from that part of the order which denied the alternate motion for a more definite statement, the appeal is dismissed as nonappealable as of right, without costs. Plaintiff held limited partnership interests in defendant Mattoon Associates. Defendant Mattoon Communications Corp. (MCC) is the general partner in this limited partnership. The two individual defendants, Bader and Silverman, each owned 50% of MCC until they sold MCC to defendant Camden in June of 1979, without notice to plaintiffs. The three causes of action in the amended complaint allege, respectively, (1) breach of the limited partnership agreement and the fiduciary duty owed them by MCC, Bader and Silverman; (2) an accounting, money damages and rescission of