BAKER v. GREENTECH CAPITAL ADVISORS, L.P.

Index Nos. 650243/20, 650242/20, Appeal No. 16079-16080, Case Nos. 2022-01033, 2022-01036.

206 A.D.3d 422 (2022)

167 N.Y.S.3d 787

2022 NY Slip Op 03679

Kyle Jones Baker, Respondent, v. Greentech Capital Advisors, L.P., et al., Appellants. Michael Molnar, Respondent, v. Greentech Capital Advisors, L.P., et al., Appellants.

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

Decided June 7, 2022.


Attorney(s) appearing for the Case

Paul Hastings, LLP, New York ( Patrick W. Shea of counsel), for appellants.

Arkin Solbakken LLP, New York ( Lisa C. Solbakken of counsel), for, respondents.

Concur—Renwick, J.P., Oing, Moulton, Kennedy, Mendez, JJ.


Defendants argue that plaintiffs' claims for breach of their respective agreements with defendants are barred by Delaware's three-year statute of limitations. We find, however, that the choice-of law provisions in the parties' partnership agreement do not require the application of Delaware's statute of limitations to plaintiffs' claims.

The choice-of-law provision in the parties' partnership agreement specifically provided that it is to be construed in accordance...

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