Goldstein v. BGC Holdings, L.P.

• Court: Supreme Court of Delaware
• Decided: August 23, 2023
• Docket: 427, 2022
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

JENNIFER GOLDSTEIN and KEVIN § O’MALLEY, § § No. 427, 2022 Plaintiffs Below, § Appellants, § § Court Below: Superior Court v. § of the State of Delaware § BGC HOLDINGS, L.P., BGC GP, LLC, § BGC FINANCIAL, L.P., and BGC § C.A. No. N21C-12-069 PARTNERS, INC., § § Defendants Below, § Appellees. §

Submitted: August 9, 2023 Decided: August 23, 2023

Before VALIHURA, LeGROW, and GRIFFITHS, Justices.

ORDER

Now this 23rd day of August 2023, the Court having considered the matter on the

briefs and the record below and having concluded that the same should be affirmed on the

basis of and for the reasons assigned by the Superior Court in its Memorandum Opinion 1

dated October 12, 2022;

1 Upon a de novo review of Appellants’ notice argument raised under the Partnership Agreement, which the Superior Court did not address, we find such argument meritless. The notice provision in Section 13.19 of the Partnership Agreement does not apply here because there was no redemption of Appellants’ units. NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the

Superior Court be and the same hereby is AFFIRMED.

BY THE COURT:

/s/ Karen L. Valihura Justice