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GS CAPITAL v. FTE NETWORKS

Index No. 650626/2021.

76 Misc.3d 1089 (2022)

176 N.Y.S.3d 759

2022 NY Slip Op 22286

GS CAPITAL PARTNERS, LLC, Plaintiff, v. FTE NETWORKS, INC., et al., Defendants.

Supreme Court, New York County.

Decided August 18, 2022.

Attorney(s) appearing for the Case

Piekarski Law PLLC, New York City (Mendy M. Piekarski of counsel), and Thompson Hine LLP, New York City (Mohammad Karim Sabbidine of counsel), for plaintiff.

Tarter Krinsky & Drogin LLP, New York City (Justin Y. Chu of counsel), and The Basile Law Firm P.C., Jericho (Mark R. Basile of counsel), for defendants.

OPINION OF THE COURT

Plaintiff GS Capital Partners, LLC (GS Capital or plaintiff) moves pursuant to CPLR 3213 for summary judgment in lieu of complaint against defendants FTE Networks, Inc. (FTE) and SCFTE SPV LLC (SCFTE and together with FTE, defendants) to recover under the terms of a convertible redeemable note (note...

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