Legal Opinion · Dissent
MHR Capital Partners LP v. Presstek, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided August 5, 2008Published
1DissentAcosta, J.
In my opinion, there are material issues of fact related to Presstek’s conduct indicating that it attempted to frustrate or prevent the signing of the consent form.
Plaintiffs (MHR) allege that defendant Presstek breached its obligations under a June 16, 2004 Escrow Agreement and Stock Purchase Agreement of the same date to purchase the equity of a now-bankrupt graphic arts and printing supplier known as A.B. Dick Company (ABD) from its parent, Paragon Corporate Holdings. MHR was a significant creditor of ABD, once holding over $18 million in notes issued to ABD, which stood to have some of…
2Cases cited15 opinions
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- Parker v. Blauvelt Volunteer Fire Co.New York Court of Appeals · 1999
- Smith v. Russell Sage CollegeNew York Court of Appeals · 1981
- Allied Chemical v. Niagara Mohawk Power Corp.New York Court of Appeals · 1988
- Halyalkar v. Board of RegentsNew York Court of Appeals · 1988
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