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NINETEEN EIGHTY-NINE, LLC v. ICAHN ENTERS. L.P.

8290, 8291, 600056/10, 150040/10.

99 A.D.3d 546 (2012)

953 N.Y.S.2d 4

2012 NY Slip Op 6869

NINETEEN EIGHTY-NINE, LLC, Respondent, v. ICAHN ENTERPRISES L.P., Appellants. CARL C. ICAHN et al., Appellants, v. GEOFFREY RAYNOR et al., Respondents.

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

October 16, 2012.

1989's allegations that the Icahn defendants breached the parties' LLC and Side Letter Agreements by transferring shares of Federal Mogul Corporation to an Icahn affiliate and causing that affiliate to institute a bond offering without disclosing 1989's interest in the shares to potential investors, thereby encumbering the shares and endangering 1989's interest, were sufficient to withstand the Icahn defendants' motion to dismiss...

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