WILLIAMSON v. LIPPER


48 A.D.3d 216 (2008)

849 N.Y.S.2d 775

RICHARD A. WILLIAMSON, as Successor Liquidating Trustee on Behalf of LIPPER CONVERTIBLE, L.P. and LIPPER FIXED INCOME FUND, Appellant, v. KENNETH LIPPER, Respondent.

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

Decided February 5, 2008.


The trustee, although not a party to the agreement, is bound by the arbitration clause in the Lipper Convertibles limited partnership agreement signed by the general partner and the limited partners. We note that the agreement specifically contemplates liquidation and the appointment of a trustee, and its broad arbitration clause does not exclude claims brought in such capacity. The claims brought on behalf of Lipper Fixed Income Fund, whose own agreement lacks an arbitration...

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