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MATTER OF MK LINK INV. PARTNERSHIP v. WSW CAPITAL, INC.

7976, 604274/04.

96 A.D.3d 575 (2012)

946 N.Y.S.2d 474

2012 NY Slip Op 4939

In the Matter of MK LINK INVESTMENT PARTNERSHIP, Respondent, and LEVINE INVESTMENTS, L.P., Petitioner, v. WSW CAPITAL, INC., et al., Respondents, and CSAM CAPITAL, INC., as Successor in Interest to WSW CAPITAL, INC., Appellant.

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

June 19, 2012.

The arbitral award, which was confirmed without modification in 2006, states that MK Link's 1996 Fund "limited partnership capital account position shall be effected for the full 13-year term of the ... Fund, without calculation of any participation in the Master Fund" (emphasis added). The Special Referee's decision, which permitted petitioner MK Link to retain its capital account (i.e., its participation in the Master Fund...

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