GERALD S. KAUFMAN et al., Appellants,
v.
IRWIN B. COHEN et al., Respondents, et al., Defendants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 27, 2003.
May 27, 2003.
Attorney(s) appearing for the Case
Peter A. Mahler of counsel (David P. Gillett on the brief; Derfner & Mahler, LLP, attorneys), for appellants.
Martin Flumenbaum of counsel (Robyn Sorid on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for Irwin B. Cohen, respondent.
Alan D. Zuckerbrod of counsel (Siller Wilk LLP, attorneys), for Falchi Building Co., L.P., and others, respondents.
BUCKLEY, P.J., NARDELLI, MAZZARELLI and WILLIAMS, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, First Department.
OPINION OF THE COURT
GONZALEZ, J.
This appeal requires us to determine whether a three-year or six-year statute of limitations applies to a cause of action by two partners against a third partner for breach of fiduciary duty arising from the misappropriation of a partnership business opportunity where the complaint alleges, inter alia, actual fraud by the third partner and seeks both legal and equitable relief...
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