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ANONYMOUS v. ANONYMOUS

103997/12.

165 A.D.3d 19 (2018)

83 N.Y.S.3d 472

2018 NY Slip Op 05963

ANONYMOUS, Appellant, v. ANONYMOUS, Respondent. STATE OF NEW YORK ex rel. ANIRUDDHA BANERJEE, Respondent, v. MOODY'S CORPORATION et al., Appellants.

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

Decided August 30, 2018.

Attorney(s) appearing for the Case

Sullivan & Cromwell LLP, New York City ( Benjamin Walker , Sharon L. Nelles and Jennifer H. Blecher of counsel), for Moody's Corporation and others, appellants.

Kirby McInerney LLP, New York City ( David Kovel , John R. Low-Beer and Seth M. Shapiro of counsel), and Beranbaum Menken LLP, New York City ( John A. Beranbaum of counsel), for Anonymous/State of New York ex rel. Aniruddha Banerjee, appellant/respondent.

Seyfarth Shaw LLP, New York City ( Jonathan P. Wolfert and Owen R. Wolfe of counsel), for respondent.

RENWICK, J.P., MAZZARELLI, KAPNICK and KAHN, JJ. concur.

OPINION OF THE COURT

On this appeal, we are asked to evaluate the sufficiency of plaintiff relator's allegations concerning whether defendants submitted false claims concerning the appropriate amount of tax to be paid on account of defendant Moody's Assurance Company, Inc. (MAC), a captive insurance company formed...

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