Section 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  


Latest version.
  • 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.