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GRAHAM PACKAGING COMPANY, L.P. v. OWENS-ILLINOIS, INC.

1388. 1389.

67 A.D.3d 465 (2009)

892 N.Y.S.2d 1

2009 NY Slip Op 08055

GRAHAM PACKAGING COMPANY, L.P., Respondent, v. OWENS-ILLINOIS, INC., et al., Appellants.

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

Decided November 10, 2009.

Defendants' claim of fraudulent concealment was not viable, undermining their counterclaim for damages and rescission of the settlement agreement. Even if arguendo plaintiff was under a duty to disclose its own valuation of its anticipated claims against defendants, and even if defendants could not have learned of such information by the exercise of reasonable diligence, defendants, sophisticated entities represented by counsel...

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