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SYNDICATED COMMUNICATION VENTURE PARTNERS IV, LP v. BAYSTAR CAPITAL, L.P.

51 A.D.3d 546 (2008)

859 N.Y.S.2d 125

SYNDICATED COMMUNICATION VENTURE PARTNERS IV, LP, Appellant, v. BAYSTAR CAPITAL, L.P., Now Known as NORTHBAY OPPORTUNITIES, L.P., et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

Decided May 22, 2008.

The court's dismissal of the complaint alleging, inter alia, minority shareholder oppression, fraud, breach of fiduciary duty, and misappropriation of trade secrets, is supported by a fair interpretation of the evidence (see Saperstein v Lewenberg, 11 A.D.3d 289 [2004]), and contrary to plaintiff's contention, the court made "essential" findings of fact in its decision to satisfy the requirements of CPLR 4213 (b) (see Marks v...

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