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PURSUIT INVESTMENT MANAGEMENT, LLC v. ALPHA BETA CAPITAL PARTNERS, L.P.

16391, 652457/13.

134 A.D.3d 502 (2015)

20 N.Y.S.3d 529

2015 NY Slip Op 09200

PURSUIT INVESTMENT MANAGEMENT, LLC, et al., Respondents, et al., Plaintiff, v. ALPHA BETA CAPITAL PARTNERS, L.P., et al., Appellants, et al., Defendants.

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

Decided December 15, 2015.

The motion court erred in finding that all of the plaintiffs had asserted a claim for breach of the settlement agreement against defendants Alpha Beta and Reed Smith, since in the complaint it is sufficiently alleged that only plaintiff Pursuit Capital Management LLC suffered damages (Harris v Seward Park Hous. Corp., 79 A.D.3d 425, 426 [1st Dept 2010]).

The court should have considered...

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