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CORTLANDT ST. RECOVERY CORP. v. BONDERMAN

Index No. 653357/11. Appeal Nos. 17499, M-1112-M-1114. Case No. 2021-04782.

215 A.D.3d 446 (2023)

187 N.Y.S.3d 602

2023 NY Slip Op 01862

Cortlandt Street Recovery Corp., Plaintiff, and Wilmington Trust Company, as Trustee, Respondent-Appellant, v. David Bonderman et al., Defendants, and Giancarlo Aliberti et al., Appellants-Respondents.

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

Decided April 11, 2023.

Attorney(s) appearing for the Case

Ropes & Gray LLP, New York (Robert S. Fischler, of counsel), for Giancarlo Aliberti and Apax Partners, L.P., appellants-respondents.

Kasowitz Benson Torres LLP, New York (Paul M. O'Connor III, of counsel), for Matthias Calice, TPG Capital, L.P., TPG Capital-New York, Inc., TPG Partners IV, L.P., TPG Advisors IV, Inc., TPG Genpar IV, L.P., TPG Advisors II, Inc., T3 Genpar II, L.P., T3 Partners II, L.P., and T3 Parallel II, L.P., appellants-respondents.

Foley & Lardner LLP, New York (Alissa Nann and David B. Goroff, of the bar of the State of Illinois, admitted pro hac vice of counsel), for respondent-appellant.

Motion to withdraw, granted.

Order, Supreme Court, New York County (Robert Reed, J.), entered November 15, 2021, which, to the extent appealed from as limited by the briefs, denied defendants' motion to dismiss the first cause of action for breach of certain PIK notes, third cause of action for satisfaction of the notes and a related judgment rendered for nonpayment of the notes, and ninth cause of action for unjust enrichment, and granted defendants' motion to dismiss the fourth through eighth causes...

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