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MHR CAPITAL PARTNERS LP v. PRESSTEK, INC.

55 A.D.3d 12 (2008)

863 N.Y.S.2d 154

MHR CAPITAL PARTNERS LP et al., Appellants, v. PRESSTEK, INC., Respondent, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

August 5, 2008.

Attorney(s) appearing for the Case

Kasowitz, Benson, Torres & Friedman LLP, New York City (Michael P. Bowen, Michael M. Fay, David S. Rosner and Kim Conroy of counsel), for appellants.

Hartman & Craven LLP, New York City (Victor M. Metsch and Colleen D. Dalton of counsel), for respondent.

ANDRIAS, J.P., and FRIEDMAN, J., concur with BUCKLEY, J.; CATTERSON and ACOSTA, JJ., dissent in part in a separate opinion by ACOSTA, J.

OPINION OF THE COURT

BUCKLEY, J.

In 2003, defendant Presstek and its wholly owned subsidiary, defendant Silver Acquisitions Corp. (Silver), began to explore the possibility of purchasing A.B. Dick Company (ABD) from its parent, Paragon Corporate Holdings, Inc. (Paragon). Those entities negotiated a Stock Purchase Agreement, which incorporated ancillary agreements, including one whereby plaintiffs, MHR Capital Partners LP and its affiliates (collectively...

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