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PHOENIX CAPITAL INVESTMENTS LLC v. ELLINGTON MANAGEMENT GROUP, L.L.C.

51 A.D.3d 549 (2008)

859 N.Y.S.2d 46

PHOENIX CAPITAL INVESTMENTS LLC, Respondent-Appellant, v. ELLINGTON MANAGEMENT GROUP, L.L.C., Appellant-Respondent.

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

Decided May 22, 2008.

The 2000 agreement and its 2003 revisions, when read together, made clear that plaintiff was entitled to a fee for bringing defendant and prospective investors together only if the actual investment was made within one year of either the last contact between plaintiff and a particular investor on defendant's behalf, or one of the parties providing the other with a written termination of the agreement, whichever occurred earlier...

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