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MATTER OF CUTRI v. WOLFE

Index No. 650406/15. Appeal No. 13998. Case No. 2021-00517.

195 A.D.3d 441 (2021)

144 N.Y.S.3d 851

2021 NY Slip Op 03523

In the Matter of Saro Cutri, Appellant, et al., Petitioners, v. Josh Wolfe et al., Respondents, et al., Respondents. Lux Capital Management, LLC, Nonparty Respondent.

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

Decided June 3, 2021.

Attorney(s) appearing for the Case

Stinson LLP, New York ( Kieran M. Corcoran of counsel), for appellant.

Cooley LLP, New York ( Philip M. Bowman of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, Mazzarelli, Oing, JJ.

Petitioner Cutri failed to show that the judgment confirming the final arbitration award expressed an unequivocal mandate either requiring respondents to allow him to invest in future Lux Capital Group (LCG) funds or prohibiting respondents from proposing a buyout of LCG members and merging LCG into Lux Capital Management (see El-Dehdan v El-Dehdan, 26 N.Y.3d 19, 29 [2015]). Although the...

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