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BLACK DIAMOND CAPITAL MGT., LLC v. OPPENHEIMER MASTER LOAN FUND, LLC

Index No. 652519/15. Appeal No. 16696-16696A. Case Nos. 2021-03181, 2021-03530.

210 A.D.3d 520 (2022)

178 N.Y.S.3d 504

2022 NY Slip Op 06544

Black Diamond Capital Management, LLC, et al., Appellants, v. Oppenheimer Master Loan Fund, LLC, et al., Respondents, et al., Defendant.

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

Decided November 17, 2022.

Attorney(s) appearing for the Case

Perkins Coie LLP, New York (David W.T. Daniels of counsel), for appellants.

Kramer Levin Naftalis & Frankel LLP, New York (Jonathan M. Wagner, of counsel), for Oppenheimer Master Loan Fund, LLC and Oppenheimer Senior Floating Rate Fund, respondents.

Brown Rudnick LLP, New York (Sigmund S. Wissner-Gross of counsel), for Eaton Vance Corp., and Eaton Vance Floating Rate Portfolio, respondents.

Concur—Kapnick, J.P., Webber, Friedman, Gesmer, Singh, JJ.

Judgment, Supreme Court, New York County (Andrea Masley, J.), entered August 18, 2021, to the extent appealed from, dismissing plaintiffs' claim for specific performance, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered on or about July 15, 2021, after a nonjury trial, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

After a 2014 restructuring of the debt of IAP Global Services, LLC and the issuance...

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