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VISIONCHINA MEDIA INC. v. SHAREHOLDER REPRESENTATIVE SERVICES, LLC

9169, 652930/10, 650526/11

109 A.D.3d 49 (2013)

967 N.Y.S.2d 338

2013 NY Slip Op 4298

VISIONCHINA MEDIA INC. et al., Appellants, v. SHAREHOLDER REPRESENTATIVE SERVICES, LLC, et al., Respondents, et al., Defendants. SHAREHOLDER REPRESENTATIVE SERVICES, LLC, et al., Respondents-Appellants, v. VISIONCHINA MEDIA INC. et al., Appellants-Respondents. SHAREHOLDER REPRESENTATIVE SERVICES, LLC, et al., Respondents, v. VISIONCHINA MEDIA INC. et al., Appellants.

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

Decided June 11, 2013.

Attorney(s) appearing for the Case

Arnold & Porter, LLP, New York City ( Charles G. Berry , Stewart D. Aaron and Ian Jay of counsel), for appellants/appellants-respondents.

Cahill Gordon & Reindel LLP, New York City ( Thomas J. Kavaler of counsel), for respondents/respondents-appellants.

Mintz & Gold LLP, New York City ( Steven G. Mintz and Terence W. McCormick of counsel), for Oak Investment Partners XII, Limited Partnership, respondent/respondent-appellant.

Akin Gump Strauss Hauer & Feld LLP, New York City ( David M. Zensky and Brian T. Carney of counsel), for Gobi Partners, Inc. and others, respondents/respondents-appellants.

Spears & Imes LLP, New York City ( Linda Imes and Charlita Mays of counsel), for Sierra Ventures, IX, LP, respondent.

FRIEDMAN, J.P., DEGRASSE and RICHTER, JJ., concur.

OPINION OF THE COURT

FEINMAN, J.

In 2010, VisionChina Media, Inc. (VisionChina) and its wholly owned subsidiary Vision Best Limited (collectively, the buyers) acquired their then competitor, nonparty Digital Media Group Company Limited (DMG), from that company's shareholders and/or officers (the sellers). VisionChina is one of the largest out-of-home digital mobile television advertising networks in the People's Republic of China (PRC). It uses digital mobile...

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