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KIM v. DUKHON

600515/10, 5948N, 5949N

89 A.D.3d 470 (2011)

932 N.Y.S.2d 48

2011 NY Slip Op 7739

Dow KIM, Respondent-Appellant, v. VITALY DUKHON, Appellant-Respondent.

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

Decided November 3, 2011.

In this CPLR article 75 proceeding, Dow Kim seeks to stay the arbitration commenced by Vitaly Dukhon on the ground that Kim never agreed to be personally obligated to arbitrate. The underlying dispute involves Dukhon's claim that he is owed compensation in connection with his work as a portfolio manager for a hedge fund that failed to launch.

In 2007, Kim, a partner in Diamond Lake Investment Group, L.P. (LP) and member...

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