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PARAMOUNT PICTURES CORPORATION v. ALLIANZ RISK TRANSFER AG

615, 653708/14.

141 A.D.3d 464 (2016)

36 N.Y.S.3d 11

PARAMOUNT PICTURES CORPORATION, Respondent, v. ALLIANZ RISK TRANSFER AG et al., Appellants.

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

Decided July 21, 2016.

Nonparty Melrose Investors LLC (Melrose) was a special purpose vehicle created to facilitate investment in plaintiff Paramount Pictures Corporation's (Paramount) production and distribution of certain films. On July 29, 2004, prior to investing about $40.1 million in Melrose's class B notes and equity, defendants Marathon Structured Finance Fund, L.P. (Marathon) and NewStar Financial Inc. (NewStar) executed a subscription agreement, in which they, inter alia, waived all claims...

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