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ANDERSEN v. WEINROTH

48 A.D.3d 121 (2007)

849 N.Y.S.2d 210

G. CHRIS ANDERSEN, on Behalf of ANDERSEN, WEINROTH & CO., L.P., Appellant-Respondent, and G. CHRIS ANDERSEN, on Behalf Himself, et al., Respondents, v. STEPHEN WEINROTH, Respondent-Appellant. STEPHEN WEINROTH, on Behalf of Himself and ANDERSEN, WEINROTH & Co. L.P., Third-party Plaintiffs-Appellants, v. G. CHRIS ANDERSEN, et al., Third-party Defendants-Respondents.

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

December 27, 2007.

Attorney(s) appearing for the Case

Cooley Godward Kronish LLP, New York (Alan Levine and Shannon S. McKinnon of counsel), and Withers Bergman LLP, New York (Chaya F. Weinberg-Brodt and Hollis Gonerka Bart of counsel), for appellant-respondent/respondents/respondents.

Stanley N. Futterman, New York, and Golenbock Eiseman Assor Bell & Peskoe LLP, New York (David J. Eiseman and Elizabeth A. Jaffe of counsel), for respondent-appellant/appellants.

SAXE, SULLIVAN CATTERSON AND KAVANAGH, JJ., concur.

OPINION OF THE COURT

MAZZARELLI, J.P.

This action arises out of a dispute between G. Chris Andersen and Stephen Weinroth. They are the two equity partners of Andersen, Weinroth & Co., L.P. (AWLP), a Delaware partnership. James Rawlings, an additional plaintiff, was a nominal partner of AWLP. He had no ownership interest, but invested with Andersen and Weinroth in certain opportunities.

AWLP was...

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