Opinion
July 13, 1993
Appeal from the Supreme Court, New York County (Diane Lebedeff, J.).
In this action for breach of fiduciary duties owed by general partners to limited partners (see, 173 A.D.2d 420), although the complaint includes demands for legal, declaratory and equitable relief in each cause of action, the central focus is whether defendants had the right to make certain payments on behalf of the partnership, and not on the amount expended. Thus, the accounting is merely a method to determine the amount of the monetary damages (see, Cadwalader Wickersham Taft v. Spinale, 177 A.D.2d 315, 316). The equitable affirmative defenses, too, are primarily incidental to the defenses at law. We have considered plaintiffs' remaining arguments and find them to be without merit.
Concur — Milonas, J.P., Rosenberger, Kupferman and Ross, JJ.