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LAZARD FRERES v. WEST*GROUP

22 A.D.3d 45 (2005)

799 N.Y.S.2d 437

LAZARD FRERES & CO., LLC, Appellant-Respondent, v. WEST*GROUP PROPERTIES LLC et al., Respondents, and RA WEST, INC., et al., Appellants, et al., Defendant.

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

July 7, 2005.

Attorney(s) appearing for the Case

Friedman Kaplan Seiler & Adelman LLP, New York City (Eric Seiler and Emily A. Stubbs of counsel), for appellant-respondent.

Arnall Golden Gregory LLP, Atlanta, Georgia (Robert L. Rothman of the Georgia Bar, admitted pro hac vice, of counsel), and Cohen & Gresser LLP, New York City (Mark S. Cohen, Kathleen L. Turland and Elizabeth F. Bernhardt of counsel), for appellants.

Sutherland Asbill & Brennan LLP, Washington, D.C. (Lovida H. Coleman, Jr., of the District of Columbia bar, admitted pro hac vice, of counsel), and Shatzkin & Mayer, P.C., New York City (Karen Shatzkin and Debra A. Mayer of counsel), for respondents.

TOM, J.P., FRIEDMAN, MARLOW and CATTERSON, JJ., concur.

OPINION OF THE COURT

SAXE, J.

This appeal requires a close reading of an agreement, entered into by highly sophisticated business entities, contemplating the marketing by Lazard Freres & Co. of membership interests in defendants West*Group Properties LLC and West*Group Management LLC (collectively, West*Group or the Company). Plaintiff Lazard Freres is an investment banking firm; defendants West*Group...

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