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AQ ASSET MANAGEMENT LLC v. LEVINE

Motion No. M-4385.

143 A.D.3d 570 (2016)

2016 NY Slip Op 06877

AQ ASSET MANAGEMENT LLC et al., Respondents, v. MICHAEL LEVINE, Respondent, and HABSBURG HOLDINGS LTD. et al., Appellants.

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

Decided October 20, 2016.

Habsburg and Patrizzi sold half of their shares of various Antiquorum companies for $30 million; Levine was the escrow agent for that transaction. Levine said he disbursed a total of $925,000 from the escrow account to obtain loan commitments from Karastir. The IAS court permitted Habsburg and Patrizzi to sue Levine as to the last $300,000 of Karastir-related payments but not the first $625,000.

The motion court believed that the new fact offered by Habsburg and Patrizzi...

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