NORDDEUTSCHE v. TILTON

651695/15, 2205.

149 A.D.3d 152 (2017)

2017 NY Slip Op 01482

48 N.Y.S.3d 98

NORDDEUTSCHE LANDESBANK GIROZENTRALE et al., Respondents-Appellants, v. LYNN TILTON et al., Appellants-Respondents.

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

Decided February 23, 2017.


Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher LLP, New York City ( Caitlin J. Halligan , Randy M. Mastro , Lawrence J. Zweifach and Mark A. Kirsch of counsel), for appellants-respondents.

Berg & Androphy, New York City ( Michael M. Fay , Jenny H. Kim and Chris L. Sprengle of counsel), for respondents-appellants.

FEINMAN and GISCHE, JJ., concur with MAZZARELLI, J.P.; ANDRIAS and SAXE, JJ., dissent in part in an opinion by ANDRIAS, J.


OPINION OF THE COURT

In January 2005, plaintiffs purchased $75 million of notes issued by the collateralized debt obligation (CDO) fund Zohar II 2005-1, Limited (Zohar II). In April 2007, plaintiffs purchased $60 million of notes issued by CDO fund Zohar III, Limited (Zohar III and, together with Zohar II, the Funds)....

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