BDCM Opportunity Fund II, LP v. Yucaipa American Alliance Fund I, LP
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Charles E. Ramos, J.), entered July 27, 2012, which denied defendants’ motion to dismiss the complaint, unanimously affirmed, without costs. Order, same court and Justice, entered March 29, 2013, which granted plaintiffs’ motion for summary judgment, unanimously modified, on the law, to deny the motion of plaintiffs BDCM Opportunity Fund II, LR and Black Diamond CLO 2005-1 Ltd. (collectively, Black Diamond), and otherwise affirmed, without costs.
The instant action is not barred by a previous Georgia action to which plaintiffs were not parties, since…
2Cases cited10 opinions
- Alsens American Portland Cement Works v. Degnon Contracting Co.New York Court of Appeals · 1917
- BWA Corp. v. Alltrans Express U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Excel Graphics Technologies, Inc. v. CFG/AGSCB 75 Ninth AvenueAppellate Division of the Supreme Court of the State of New York · 2003
- Brown & Williamson Tobacco Corp. v. GaultSupreme Court of Georgia · 2006
- In Re the Estate of WilsonNew York Court of Appeals · 1980
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