ANDRIAS, SAXE and FREEDMAN, JJ., concur with ACOSTA, J.; TOM, J.P., dissents in a separate opinion.
Appellate Division of the Supreme Court of New York, First Department.
OPINION OF THE COURT
ACOSTA, J.
The primary issue in this case is whether the tender of securities to petitioner by respondent Southridge Partners, L.P., an investment fund (the fund), satisfies respondent's obligation under an arbitral award to complete the redemption of petitioner's interest in the fund in cash or in kind. We hold that Southridge owes petitioner the same dollar amount regardless of whether it...
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