WACHTER v. KIM

3962, 650532/08, 3962A.

82 A.D.3d 658 (2011)

920 N.Y.S.2d 66

KARL J. WACHTER, Appellant, v. Dow KIM, Respondent.

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

Decided March 31, 2011.


Defendant, formerly a senior executive at Merrill Lynch, left that firm to establish his own hedge fund. He intended to operate his new fund through nonparties Diamond Lake Investment Group, L.P. (the Limited Partnership) and Diamond Lake GP LLC. The general partner of the Limited Partnership was nonparty DLIG LLC (DLIG), and defendant was the managing member of DLIG. Plaintiff was hired to serve as a managing director of the Limited Partnership and as its general counsel...

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