Hemmerdinger sued in building deal

H. Dale Hemmerdinger, chairman of the M.T.A. and owner of Atco Properties & Management, is being sued by partners in one of his buildings for allegedly illegally draining $2.2 million from funds set aside to run the property. The lawsuit, filed in New York State Supreme Court, claims that Hemmerdinger put unqualified general partners on the board at 555 Fifth Avenue, creating an artificial majority. Fred Schwartz, an attorney representing the plaintiffs — which include two half-brothers of Hemmerdinger — said that Hemmerdinger has asked his partners for nearly $1 million to ease the cash crunch and has offered to buy out those who can’t pay. “We believe he is trying to take control of the building on the cheap,” Schwartz said.