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CT INV. v. CHARTIS SPECIALTY

653896/12

130 A.D.3d 1 (2015)

9 N.Y.S.3d 220

2015 NY Slip Op 04051

CT INVESTMENT MANAGEMENT Co., LLC, Respondent-Appellant, v. CHARTIS SPECIALTY INSURANCE COMPANY, Formerly Known as AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY, Appellant-Respondent.

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

Decided May 12, 2015.

Attorney(s) appearing for the Case

Cahill Gordon & Reindel LLP, New York City ( Edward P. Krugman , Philip V. Tisne and Abigail Shechtman of counsel), for appellant-respondent.

Dickstein Shapiro LLP, New York City ( Jared Zola , Kirk A. Pasich and Sandra S. Thayer , of the California bar, admitted pro hac vice, of counsel), for respondent-appellant.

FRIEDMAN, ANDRIAS, GISCHE and KAPNICK, JJ., concur.

OPINION OF THE COURT

In October 2006, a group of entities now represented by plaintiff agreed to lend $103 million to eight Mexican companies that sought assistance in the financing of time-shares at resort properties in Mexico (the borrowers). The borrowers executed a note indenture agreement (NIA) for $103 million and...

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