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GOLDWASSER v. GELLER

257 A.D.2d 489 (1999)

684 N.Y.S.2d 210

DIRK GOLDWASSER, Respondent, v. ANTHONY L. GELLER et al., Defendants, and J. WINSTON FOWLKES et al., Appellants.

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

Decided January 21, 1999.

Defendants-appellants, all limited partners in the partnership in which the nonappealing defendants were the general partners, assumed a fiduciary duty to plaintiff, also a limited partner aggrieved by the general partners' nonfeasance, when they took over managerial control of the partnership. They breached this duty when, knowledgeable of plaintiff's whereabouts, they chose not to contact him, and settled with the general partners in a manner that breached section 23 (a...

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