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  5. 142 A.D.3d 833 (2016)
 

CORTLANDT STREET RECOVERY CORP. v. HELLAS TELECOM., S.A.R.L.

651693/10, 653357/11, 653363/11, 653181/11, 992, 991, 990, 989.

142 A.D.3d 833 (2016)

37 N.Y.S.3d 505

CORTLANDT STREET RECOVERY CORP. et al., Appellants, v. HELLAS TELECOMMUNICATIONS, S.A.R.L., et al., Respondents, et al., Defendants. CORTLANDT STREET RECOVERY CORP. et al., Appellants, v. DAVID BONDERMAN et al., Respondents, et al., Defendants. (And Another Action.) CORTLANDT STREET RECOVERY CORP., Appellant, v. HELLAS TELECOMMUNICATIONS, II, et al., Defendants, and HELLAS TELECOMMUNICATIONS, S.A.R.L., et al., Respondents.

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

Decided September 15, 2016.

Supreme Court erred in dismissing the complaint in the action bearing index No. 653357/11 to the extent that the complaint in that action has been filed by plaintiff Wilmington Trust Company, as indenture trustee (the trustee). In its complaint, the trustee asserts, in addition to breach of contract claims, causes of action for fraudulent conveyance, for unlawful corporate distribution, for unjust enrichment, and based on an alter ego theory. Section 6.03 of the indenture...

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