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ELMROCK OPPORTUNITY MASTER FUND I, L.P. v. CITICORP NORTH AMERICA, INC.

6963N, 653300/16.

162 A.D.3d 569 (2018)

75 N.Y.S.3d 423

2018 NY Slip Op 04665

Elmrock Opportunity Master Fund I, L.P., Appellant, v. Citicorp North America, Inc., et al., Respondents.

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

Decided June 21, 2018.

The record demonstrates that the common interest agreement was entered into in reasonable anticipation of litigation (see Ambac Assur. Corp. v Countrywide Home Loans, Inc., 27 N.Y.3d 616, 620 [2016]). Indeed, plaintiff alleges that defendants breached their duty to protect its interests by failing to "commence litigation to establish" the parameters of the appraisers' valuation determinations. While defendants did not commence such...

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