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PROJECT GAMMA v. PPG INDUS.

604224/2007.

34 Misc.3d 771 (2011)

934 N.Y.S.2d 671

2011 NY Slip Op 21415

PROJECT GAMMA ACQUISITION CORPORATION, a Delaware Corporation, et al., Plaintiffs, v. PPG INDUSTRIES, INC., a Pennsylvania Corporation, et al., Defendants and Third-Party Plaintiffs. PLATINUM EQUITY, LLC, et al., Third-Party Defendants.

Supreme Court, New York County.

Decided November 22, 2011.

Attorney(s) appearing for the Case

K & L Gates LLP ( Peter N. Flocos , Joanna A. Diakos and Brian D. Koosed of counsel), and Michael G. Zanic , admitted pro hac vice, for defendants and third-party plaintiffs. Bingham McCutchen LLP ( Mary Gail Gearns of counsel), and Todd E. Gordinier , admitted pro hac vice, Edward S. Kim , admitted pro hac vice, and Peter N. Villar , admitted pro hac vice, for plaintiffs.

OPINION OF THE COURT

SHIRLEY WERNER KORNREICH, J.

Motion sequences 012 and 013 are consolidated for disposition.

Motions before the Court

These motions are based upon a written asset sale agreement, dated as of September 12, 2007 (ASA),1 between defendants,2 as sellers, and plaintiffs,3 as purchasers. The ASA was an agreement by PPG and its...

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