PINE ST. ASSOC. v. SOUTHRIDGE

652109/10, 8607

107 A.D.3d 95 (2013)

965 N.Y.S.2d 15

2013 NY Slip Op 2854

In the Matter of PINE STREET ASSOCIATES, L.P., Appellant, v. SOUTHRIDGE PARTNERS, L.P., et al., Respondents.

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

Decided April 25, 2013.


Attorney(s) appearing for the Case

Becker & Poliakoff, LLP, New York City ( Lance Gotthoffer of counsel), and Reed Smith LLP, New York City ( Gil Feder and John L. Scott, Jr. of counsel), for appellant.

Robinson Brog Leinwand Greene Genovese & Gluck, P.C., New York City ( Lawrence S. Hirsh of counsel), and Moses & Singer LLP, New York City ( Steven R. Popofsky and Jason Canales of counsel), for respondents.

ANDRIAS, SAXE and FREEDMAN, JJ., concur with ACOSTA, J.; TOM, J.P., dissents in a separate opinion.


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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