§425E-1001 - Direct action by a partner.
ARTICLE
10. ACTIONS BY PARTNERS
[§425E-1001] Direct action by a
partner. (a) Subject to subsection (b), a partner may maintain a
direct action against the limited partnership or another partner for legal or
equitable relief, with or without an accounting as to the partnership's
activities, to enforce the rights and otherwise protect the interests of the
partner, including rights and interests under the partnership agreement or this
chapter or arising independently of the partnership relationship.
(b) A partner commencing a direct action under
this section shall be required to plead and prove an actual or threatened
injury that is not solely the result of an injury suffered or threatened to be
suffered by the limited partnership.
(c) The accrual of, and any time limitation
on, a right of action for a remedy under this section is governed by other
law. A right to an accounting upon a dissolution and winding up shall not
revive a claim barred by law. [L 2003, c 210, pt of §1]