BDCM FUND ADVISER, L.L.C. v. ZENNI

10172, 602116/08.

106 A.D.3d 596 (2013)

966 N.Y.S.2d 40

2013 NY Slip Op 3753

BDCM FUND ADVISER, L.L.C., Formerly Known as BLACK DIAMOND CAPITAL MANAGEMENT, L.L.C., et al., Appellants/ Counterclaim Defendants-Appellants, v. JAMES J. ZENNI, JR., et al., Defendants/Counterclaim Plaintiffs-Respondents.

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

Decided May 23, 2013.


The motion court properly determined that defendants' counterclaim for carried interest was ripe for review following the dismissal of plaintiffs' 2008 lawsuit, affirmed by this Court (see BDCM Fund Adviser, L.L.C. v Zenni, 103 A.D.3d 475 [1st Dept 2013]). The fact that this Court left extant one breach of contract claim in plaintiffs' later, 2011 lawsuit, does not preclude the motion court's grant of summary judgment to defendants...

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