42:1A-25. Legal actions
227 words·~1 min read·
/nj/title-42/chapter-1a/42-1a-25·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
25. a. A partnership may maintain an action against a partner for a breach of the partnership agreement, or for the violation of a duty to the partnership, causing harm to the partnership.
b. A partner may maintain an action against the partnership or another partner for legal or equitable relief, with or without an accounting as to partnership business, to:
(1)enforce the partner's rights under the partnership agreement;
(2)enforce the partner's rights under this act, including:
(a)the partner's rights under section 21, 23 or 24 of this act;
(b)the partner's right on dissociation to have the partner's interest in the partnership purchased pursuant to section 34 of this act or enforce any other right under Article 6 or 7 of this act; or
(c)the partner's right to compel a dissolution and winding up of the partnership business under section 39 of this act or enforce any other right under Article 8 of this act; or
(3)enforce the rights and otherwise protect the interests of the partner, including rights and interests arising independently of the partnership relationship.
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 does not revive a claim barred by law.
L.2000,c.161,s.25.