Opinion
April 2, 1996
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
Plaintiff was not a partner in the partnership on whose behalf he purports to sue, and therefore does not have standing to bring a derivative suit ( see, Levine v. Murray Hill Manor Co., 143 A.D.2d 298, 301, lv dismissed 73 N.Y.2d 995). Plaintiff alleges causes of action for breach of defendant's fiduciary duty to the partnership, wrongs that give rise only to a derivative suit on behalf of the partnership, and not a private cause of action, even though plaintiff's interest in the partnership was allegedly diminished ( see, Strain v. Seven Hills Assocs., 75 A.D.2d 360, 371). Accordingly, the complaint was properly dismissed.
Concur — Milonas, J.P., Ellerin, Rubin, Ross and Mazzarelli, JJ.