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CULLIGAN SOFT WATER COMPANY v. CLAYTON DUBILIER & RICE, LLC

651863/12, 2341, 2340.

144 A.D.3d 611 (2016)

2016 NY Slip Op 08021

41 N.Y.S.3d 423

CULLIGAN SOFT WATER COMPANY et al., Respondents, v. CLAYTON DUBILIER & RICE, LLC, et al., Appellants, ANGELO, GORDON & CO., L.P., Respondents, and CULLIGAN LTD., Nominal Defendant-Appellant, et al., Defendants.

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

Decided November 29, 2016.

The settlement does not provide for payment to the company (see Glenn v Hoteltron Sys., 74 N.Y.2d 386, 392 [1989]). Plaintiffs are to receive the bulk of the $4 million settlement in reimbursement for their legal fees in this case, and the remainder is to be turned over to their franchisee organization for future legal fees or for distribution, at the organization's discretion, to plaintiffs. Moreover, because they have not obtained...

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