2006 New York Code - Security For Expenses In Limited Partners\' Derivative Action Brought In The Right Of The Limited Partnership To Procure A Judgment In Its Favor.



 
    §  115-b. Security for expenses in limited partners' derivative action
  brought in the right of the limited partnership to procure a judgment in
  its favor.  In any action specified in section one hundred fifteen-a  of
  this  article,  unless the contributions of or allocable to plaintiff or
  plaintiffs to partnership property amount to five percent or more of the
  contributions of all  limited  partners,  in  their  status  as  limited
  partners,  or  such  contributions  of or allocable to such plaintiff or
  plaintiffs have a fair value in excess of fifty  thousand  dollars,  the
  limited  partnership  in  whose  right  such  action is brought shall be
  entitled at any stage  of  the  proceedings  before  final  judgment  to
  require  the plaintiff or plaintiffs to give security for the reasonable
  expenses, including attorneys' fees, which may  be  incurred  by  it  in
  connection  with  such  action  and  by  the  other parties defendant in
  connection therewith for which the limited partnership may become liable
  under this article under any contract or otherwise under law,  to  which
  the  limited partnership shall have recourse in such amount as the court
  having jurisdiction of such action shall determine upon the  termination
  of  such action. The amount of such security may thereafter from time to
  time be increased or decreased in the discretion  of  the  court  having
  jurisdiction  of such action upon showing that the security provided has
  or may become inadequate or excessive.

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