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EVANS v. WINSTON & STRAWN

303 A.D.2d 331 (2003)

757 N.Y.S.2d 532

BARRY EVANS et al., Appellants, v. WINSTON & STRAWN et al., Respondents.

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

Decided March 27, 2003.

By its plain language, WBAM's Amendment and Trust Agreement, dated August 11, 2000, the same date as WBAM's merger agreement with WS, amended the WBAM Partnership Agreement "effective as of the Effective Date." It is undisputed that the effective date was September 1, 2000, when WBAM was merged into WS. Thus, contrary to the IAS court's finding, the unamended Partnership Agreement was still in effect when plaintiffs withdrew from WBAM on August 21 or 22, 2000.

The...

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