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GOLDBERG v. NUGENT

5291, 601076/10.

85 A.D.3d 459 (2011)

924 N.Y.S.2d 265

2011 NY Slip Op 4761

CRAIG J. GOLDBERG et al., Respondents, v. MICHAEL T. NUGENT, Appellant.

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

Decided June 7, 2011.

The court properly determined that the panel exceeded its authority by granting relief on claims not asserted in respondent's statement of claim (see Matter of Spear, Leeds & Kellogg v Bullseye Sec., 291 A.D.2d 255 [2002]; CPLR 7511 [b] [1] [iii]). The relief of liquidating respondent's interests in certain undisputed investments, awarding him an amount representing estimated future payments and severing the parties' business...

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