Legal Opinion

CSAM Capital, Inc. v. Lauder

Appellate Division of the Supreme Court of the State of New York

Decided September 22, 2009PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

Catterson, J.

This proceeding arises out of an arbitration brought by the *151appellant investors against CSAM Capital, Inc., the general partner of a high-risk exchange fund, and allegedly related entities (hereinafter referred to as CSAM), alleging, inter alia, fraud in relation to the loss of their investments in the fund. The investors appeal from an order dismissing their claims as time-barred. Because we find that the investors could not have known of the fraud they allege, we reinstate their claim for arbitration.

The appellants are limited partners in DLJ Emerging Growth…

2Cases cited12 opinions

  1. Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
  2. Higgins v. . CrouseNew York Court of Appeals · 1895
  3. Erbe v. Lincoln Rochester Trust Co.New York Court of Appeals · 1957
  4. Diamond Waterproofing Systems, Inc. v. 55 Liberty Owners Corp.New York Court of Appeals · 2005
  5. Ghandour v. Shearson Lehman Bros.Appellate Division of the Supreme Court of the State of New York · 1995

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3Cited by17 opinions

  1. RamiroAviles v. S&P Global, Inc.District Court, S.D. Illinois · 2019
  2. Valentini v. Citigroup, Inc.District Court, S.D. New York · 2011
  3. Lefkowitz v. Bank of New YorkDistrict Court, S.D. New York · 2009
  4. Aozora Bank, Ltd. v. Deutsche Bank Securities Inc.Appellate Division of the Supreme Court of the State of New York · 2016
  5. Financial Structures Ltd. v. UBS AGAppellate Division of the Supreme Court of the State of New York · 2010

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