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CITY OF WARWICK MUNICIPAL EMPLOYEES PENSION FUND v. RESTAURANT BRANDS INTERNATIONAL INC.

Index No. 655686/20. Appeal No. 16341. Case No. 2022-02336.

210 A.D.3d 461 (2022)

178 N.Y.S.3d 26

2022 NY Slip Op 06315

City of Warwick Municipal Employees Pension Fund, Respondent, v. Restaurant Brands International Inc. et al., Appellants.

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

Decided November 10, 2022.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York (Audra J. Soloway of counsel), for appellants.

Labaton Sucharow LLP, New York (Alfred L. Fatale III of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Moulton, Kennedy, Pitt, JJ.

Order, Supreme Court, New York County (Andrew S. Borrok, J.), entered May 2, 2022, which denied defendants' motion to dismiss the amended complaint alleging violations of sections 11, 12(a)(2), and 15 of the Securities Act of 1933 (15 USC §§ 77k, 77l[a][2]; 77o), unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

Plaintiff, a shareholder of defendant Restaurant Brands...

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