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CAPSTONE CAPITAL GROUP, LLC v. DCK WORLDWIDE HOLDINGS, INC.

Index No. 653783/21. Appeal No. 63. Case No. 2022-01458.

215 A.D.3d 484 (2023)

186 N.Y.S.3d 213

2023 NY Slip Op 01953

Capstone Capital Group, LLC, et al., Appellants, v. DCK Worldwide Holdings, Inc., et al., Defendants, and Arena Investors, L.P., et al., Respondents.

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

Decided April 18, 2023.

Attorney(s) appearing for the Case

Prince Lobel Tye LLP, Purchase (James K. Landau of counsel), for appellants.

Paul Hastings, LLP, New York (Joshua Berman and Laura R. Logsdon of counsel), for respondents.

Concur—Kapnick, J.P., Moulton, Kennedy, Mendez, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Jennifer G. Schecter, J.), entered on or about February 8, 2022, which granted defendants Arena Investors, L.P., Arena Limited SPV, LLC, Daniel Zwirn, Andrew Feng, Vincent Devito, Jeff Hoopes, and Purlin 2, LLC's (collectively, Arena) motion to dismiss the complaint as against them, unanimously affirmed, with costs.

The court correctly dismissed the seventeenth (breach of the implied covenant of good faith and fair dealing),...

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