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BDCM OPPORTUNITY FUND II, LP v. YUCAIPA AMERICAN ALLIANCE FUND I, LP

11363-650150/12, 11364

112 A.D.3d 509 (2013)

978 N.Y.S.2d 10

2013 NY Slip Op 8387

BDCM OPPORTUNITY FUND II, LP, et al., Respondents, v. YUCAIPA AMERICAN ALLIANCE FUND I, LP, et al., Appellants.

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

Decided December 17, 2013.

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered July 27, 2012, which denied defendants' motion to dismiss the complaint, unanimously affirmed, without costs. Order, same court and Justice, entered March 29, 2013, which granted plaintiffs' motion for summary judgment, unanimously modified, on the law, to deny the motion of plaintiffs BDCM Opportunity Fund II, LP, and Black Diamond CLO 2005-1 Ltd. (collectively, Black Diamond), and otherwise affirmed,...

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