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INGHAM v. THOMPSON

Nos. 5842, 651145/10.

88 A.D.3d 607 (2011)

931 N.Y.S.2d 306

2011 NY Slip Op 7514

DIANA JOY INGHAM, Derivatively on Behalf of COBALT ASSET MANAGEMENT, L.P., Respondent, v. CHARLES R. THOMPSON et al., Defendants, and H.G. WELLINGTON CO., INC., Appellant, et al., Nominal Defendant.

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

Decided October 25, 2011.

Plaintiff, a limited partner in Cobalt Asset Management, L.P. (CAM), alleged that Wellington aided and abetted defendant Thompson's alleged breach of his fiduciary duties to CAM, and was thereby unjustly enriched. Thompson was a general partner of CAM when he entered into two agreements with Wellington in April 1995. In the assignment agreement, Wellington agreed to pay CAM $35,000 for, among other things, the right, title and interest in the investment management agreements...

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