CSAM CAPITAL, INC. v. LAUDER

601376/07, 128

67 A.D.3d 149 (2009)

885 N.Y.S.2d 473

CSAM CAPITAL, INC., et al., Respondents, v. RONALD S. LAUDER et al., Appellants.

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

Decided September 22, 2009.


Attorney(s) appearing for the Case

Daniel R. Solin, New York City, and Cohen Kinne Valicenti & Cook LLP, Pittsfield, Massachusetts (Kevin M. Kinne and David E. Valicenti of counsel), for appellants.

Manatt, Phelps & Phillips, LLP, New York City (Mathew S. Rosengart and Arunabha Bhoumik of counsel), for respondents.

MAZZARELLI, NARDELLI and MOSKOWITZ, JJ., concur with CATTERSON, J.; TOM, J.P., dissents in a separate opinion.


OPINION OF THE COURT

CATTERSON, J.

This proceeding arises out of an arbitration brought by the appellant investors against CSAM Capital, Inc., the general partner of a high-risk exchange fund, and allegedly related entities (hereinafter referred to as CSAM), alleging, inter alia, fraud in relation to the loss of their investments in the fund. The investors appeal from an order dismissing their claims as time-barred...

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