RHODIUM SPECIAL OPPORTUNITY FUND, LLC v. LIFE TRADING HOLDCO, LLC

15161, 653452/13

128 A.D.3d 542 (2015)

8 N.Y.S.3d 561

2015 NY Slip Op 04250

RHODIUM SPECIAL OPPORTUNITY FUND, LLC, Appellant, v. LIFE TRADING HOLDCO, LLC, Respondent, et al., Defendants.

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

Decided May 19, 2015.


Order, Supreme Court, New York County (Melvin L. Schweizer, J.), entered April 2, 2014, which granted defendant Life Trading Holdco, LLC's (defendant) motion to dismiss pursuant to CPLR 3211 (a) (1), unanimously affirmed, with costs.

Contrary to plaintiff's assertion, the parties' confidentiality agreement was unambiguous, and by its plain language barred any claim for failing to negotiate or enter into a transaction to purchase the assets at issue, unless and until...

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