Tapps Supermarkets v. Linden Boulevard, (App.Div.1st Dept. 1998)
242 A.D.2d 235, 661 N.Y.S.2d 223
This was a case involving a limited partnership as landlord and a supermarket lease tenant. We represented the supermarket tenant. The real issue was the landlord, a limited partnership, was without assets to satisfy the tenant’s claim. We therefore sued one of the limited partners with assets. After dismissal of our claim in the lower court, we convinced the Appellate Division, First Department to reverse on grounds that the limited partner’s direct “participation” in the landlord’s business made her liable. This made law on the issue of a limited partner’s liability./span>
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