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ARIS MULTI-STRATEGY FUND, L.P. v. ACCIPITER LIFE SCIENCES FUND II (QP), L.P.

5753, 601110/09

89 A.D.3d 454 (2011)

933 N.Y.S.2d 202

2011 NY Slip Op 7719

ARIS MULTI-STRATEGY FUND, L.P., et al., Appellants, v. ACCIPITER LIFE SCIENCES FUND II (QP), L.P., et al., Respondents.

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

Decided November 3, 2011.

In Delaware, as elsewhere, a court will give full force to the terms of a contract that diminishes the fiduciary duty of care a general partner owes the limited partners (see Continental Ins. Co. v Rutledge & Co., Inc., 750 A.2d 1219, 1235 [Del Ch 2000]; Collins & Aikman Corp. v Stockman, 2009 WL 1530120, *20, 2009 US Dist LEXIS 43472, *63-64 [D Del 2009]). Here,

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