CAPONE v. CASTELTON COMMODITIES INTL. LLC

651794/15, 6620.

148 A.D.3d 506 (2017)

2017 NY Slip Op 01956

48 N.Y.S.3d 583

KEVIN CAPONE et al., Appellants, v. CASTELTON COMMODITIES INTERNATIONAL LLC, Formerly Known as LOUIS DREYFUS HIGHBRIDGE ENERGY LLC, et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 16, 2017.


Section 9.9 (a) of the relevant agreement contains a clear exculpatory provision that, standing alone, supports the motion court's dismissal of the claims alleged against defendants (see e.g. Elf Atochem N. Am., Inc. v Jaffari, 727 A.2d 286, 291 [Del 1999]; Del Code Ann, tit 6, § 18-1101). The Delaware Limited Liability Company (LLC) Act was designed to "give the maximum effect to the principle of freedom of contract and to the...

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