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MATTER OF BERNSTEIN FAMILY LIMITED PARTNERSHIP v. SOVEREIGN PARTNERSHIP, L.P.

66 A.D.3d 1 (2009)

883 N.Y.S.2d 201

In the Matter of BERNSTEIN FAMILY LIMITED PARTNERSHIP et al., Respondents, v. SOVEREIGN PARTNERS, L.P., et al., Appellants.

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

Decided July 14, 2009.

Attorney(s) appearing for the Case

Arnold & Porter LLP, New York City (Erik C. Walsh and Stewart D. Aaron of counsel), for appellants.

McCausland Keen & Buckman, Radnor, Pennsylvania (Glenn S. Gitomer of counsel), and Louis F. Burke, P.C., New York City (Louis F. Burke and Lesli Wybiral of counsel), for respondents.

GONZALEZ, P.J., MOSKOWITZ, DeGRASSE and FREEDMAN, JJ., concur.

OPINION OF THE COURT

McGUIRE, J.

Petitioners commenced this proceeding pursuant to CPLR article 75 to confirm an arbitration award rendered in their favor against respondents. In opposition to the petition to confirm, respondents contended that they had complied in full with the award—a contention vigorously disputed by petitioners —and that the petition thus was moot. We hold that the parties' dispute...

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