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RICHBELL v. JUPITER PARTNERS

32 A.D.3d 150 (2006)

816 N.Y.S.2d 470

RICHBELL INFORMATION SERVICES, INC., et al., Plaintiffs, v. JUPITER PARTNERS L.P. et al., Defendants. JUPITER PARTNERS L.P. et al., Counterclaim Plaintiffs-Respondents, v. RICHBELL INFORMATION SERVICES, INC., et al., Counterclaim Defendants, and DAVID M.A. ELIAS, Counterclaim Defendant-Appellant.

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

June 13, 2006.

Attorney(s) appearing for the Case

Epstein & Weil, New York City (Judith H. Weil and Lloyd Epstein of counsel), for appellant.

Paul, Weiss, Rifkind, Wharton & Garrison LLP (Allan J. Arffa and Farrah R. Berse of counsel), for Jupiter Partners L.P., and others, respondents.

Morrison & Foerster LLP, New York City (Michael B. Miller of counsel), and Sullivan & Cromwell LLP, New York City (Robert M. Osgood of counsel), for RIT Capital Partners PLC, respondent.

Reed Smith LLP, New York City (Robert J. Miller of counsel), for Ernest Saunders, respondent.

SAXE, J.P., MARLOW, SULLIVAN and GONZALEZ, JJ., concur.

OPINION OF THE COURT

CATTERSON, J.

At the time the instant action was commenced in 1997, then plaintiff (now counterclaim defendant) David M.A. Elias was a citizen of the United Kingdom living in Ireland. Elias was a principal of plaintiffs Richbell Information Services, Inc. and the Richbell Group Limited. In March 2002, Elias moved to Labuan, Malaysia. This Court dismissed Elias' individual claims in 2003. (Richbell Info. Servs. v Jupiter Partners,...

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