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M & B JOINT VENTURE, INC. v. LAURUS MASTER FUND, LTD.

12 N.Y.3d 798 (2009)

M & B JOINT VENTURE, INC., Respondent, v. LAURUS MASTER FUND, LTD., et al., Appellants, et al., Defendants.

Court of Appeals of New York.

Decided April 7, 2009.

Attorney(s) appearing for the Case

Brune & Richard LLP, New York City (Hillary Richard, Dorothy Mitchell and Laurie Edelstein of counsel), for appellants.

Salon Marrow Dyckman Newman & Broudy LLP, New York City (Richard P. Romeo of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified, with costs to defendants Laurus Master Fund, Ltd. and Laurus Master Fund, Ltd., as agent, and 14-16 East 67th Street Holding Corp., by granting their motions to dismiss the complaint as against them in the entirety and to cancel the notice of pendency and, as so modified, affirmed. The certified question should be answered in the negative.

In February 2004, Penthouse...

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