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ESBE HOLDINGS, INC. v. VANQUISH ACQUISITION PARTNERS, LLC

50 A.D.3d 397 (2008)

858 N.Y.S.2d 94

ESBE HOLDINGS, INC., et al., Appellants, v. VANQUISH ACQUISITION PARTNERS, LLC, et al., Respondents.

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

Decided April 10, 2008.

The court correctly found that plaintiffs' fraud claims related to the Phoenix LP investment and restructuring, the November 1997 subscriptions agreements, and Tech, Phoenix Cruise Lines, and Molifor were time-barred (CPLR 213 [8]).

Plaintiffs' claims based on alleged misrepresentations concerning the successful completion of earlier transactions and the alleged failure to disclose the fact that defendants Carstens and Joseph Del Valle were sanctioned, censured, and...

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