§425-118  Actions by and against partnershipand partners.  (a)  A partnership may sue and be sued in the name of thepartnership.

(b)  An action may be brought against thepartnership and, to the extent not inconsistent with section 425-117, any orall of the partners in the same action or in separate actions.

(c)  A judgment against a partnership is not byitself a judgment against a partner.  A judgment against a partnership shallnot be satisfied from a partner's assets unless there is also a judgmentagainst the partner.

(d)  A judgment creditor of a partner shall notlevy execution against the assets of the partner to satisfy a judgment based ona claim against the partnership unless the partner is personally liable for theclaim under section 425-117 and:

(1)  A judgment based on the same claim has beenobtained against the partnership and a writ of execution on the judgment hasbeen returned unsatisfied in whole or in part;

(2)  The partnership is a debtor in bankruptcy;

(3)  The partner has agreed that the creditor need notexhaust partnership assets;

(4)  A court grants permission to the judgmentcreditor to levy execution against the assets of a partner based on a findingthat partnership assets subject to execution are clearly insufficient to satisfythe judgment, that exhaustion of partnership assets is excessively burdensome,or that the grant of permission is an appropriate exercise of the court'sequitable powers; or

(5)  Liability is imposed on the partner by law orcontract independent of the existence of the partnership.

(e)  This section applies to any partnershipliability or obligation resulting from a representation by a partner orpurported partner under section 425‑119. [L 1999, c 284, pt of §1]