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CANTOR FITZGERALD INCORPORATED v. CANTOR FITZGERALD, L.P.

295 A.D.2d 124 (2002)

742 N.Y.S.2d 552

CANTOR FITZGERALD INCORPORATED, Plaintiff, v. CANTOR FITZGERALD, L.P., Defendant. CANTOR FITZGERALD, L.P., Respondent, v. CANTOR FITZGERALD INCORPORATED et al., Appellants.

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

Decided June 4, 2002.

In this action by the former managing general partner against a limited partnership, in which the limited partnership counterclaims for funds allegedly misappropriated by plaintiff and its late principal, the motion court aptly reasoned that the proposed amendment was lacking in merit (see, Adams v Pfizer, Inc., 293 A.D.2d 291). The counterclaim defendants are judicially estopped from advancing a new position regarding the source...

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