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MARATHON PRIVATE EQUITY FUND I, LLC v. QUESTOR MGT. CO., LLC

601920/07.

2008 NY Slip Op 51586 (U)

MARATHON PRIVATE EQUITY FUND I, LLC, Plaintiff, v. QUESTOR MANAGEMENT COMPANY, LLC, Defendants.

Supreme Court of the State of New York, New York County.

Decided July 22, 2008.

Attorney(s) appearing for the Case

Clifford James, NY, NY, By: Clifford James, Esq., for Plaintiff.

Levi Lubarsky & Feigenbaum LLP, NY, NY, By: Howard B. Levi, Esq., for Defendants.

BERNARD J. FRIED, J.

Questor, pursuant to CPLR 3211 (a) (7), seeks dismissal of the amended complaint. The only claim in the amended complaint is for breach of contract as against Questor.

According to Marathon, ASC was a distressed company for which Questor sought a buyer. Marathon contends that in connection with its proposed acquisition of certain divisions of ASC, it, Questor, and ASC executed an agreement, dated December 18, 2006. Marathon further contends...

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