Concord Associates, L.P. v. EPT Concord, LLC

In March 2012, plaintiffs filed a federal antitrust action in the United States District Court for the Southern District of New York (hereinafter the federal action), which, among other things, alleged anticompetitive behavior and an unlawful conspiracy on the part of defendants and third parties to prevent plaintiffs from fulfilling their financial obligations under the CDA and MCA in order to prevent renewal of the restrictive covenant. In May 2012, Supreme Court (Loehr, J.) granted defendants’ motion for a stay of the Westchester action pending resolution of their counterclaims in this…