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NOSTALGIC PARTNERS, LLC v. NEW YORK YANKEES PARTNERSHIP

Index Nos. 656724/20, 650308/21. Appeal No. 15867-15868. Case Nos. 2021-03933, 2021-03831.

205 A.D.3d 426 (2022)

168 N.Y.S.3d 444

2022 NY Slip Op 02955

Nostalgic Partners, LLC, Doing Business as The Staten Island Yankees, Respondent, v. New York Yankees Partnership, Appellant, et al., Defendants. Tri-City ValleyCats, Inc., Respondent, v. Houston Astros Inc., Defendant, and Houston Astros, LLC, et al., Appellants.

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

Decided May 3, 2022.

Attorney(s) appearing for the Case

Boies Schiller Flexner LLP, New York (Thomas H. Sosnowski of counsel), for New York Yankees Partnership, appellant.

Sullivan & Cromwell LLP, New York (Benjamin R. Walker of counsel), for Houston Astros LLC and the Office of the Commissioner of Baseball, appellants.

Berg & Androphy, New York (Michael M. Fay of counsel), for Nostalgic Partners, LLC, respondent.

Weil Gotschal & Manges LLP, New York (Gregory Silbert of counsel), for Tri-City ValleyCats, Inc., respondent.

Concur—Manzanet-Daniels, J.P., Gesmer, Moulton, Mendez, Higgitt, JJ.

Order, same court and Justice, entered October 12, 2021, which, to the extent appealed from, denied defendant New York Yankees Partnership's motion pursuant to CPLR 3211(a)(1) and (7) to dismiss the first cause of action for breach of contract, unanimously affirmed, with costs.

Plaintiff Nostalgic Partners, LLC is the owner of the Staten Island Yankees minor league baseball team that was formerly affiliated with the New...

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