INTREPID INVESTMENTS, LLC v. SELLING SOURCE, LLC

654291/13.

165 A.D.3d 523 (2018)

86 N.Y.S.3d 463

2018 NY Slip Op 06987

Intrepid Investments, LLC, Respondent-Appellant, v. Selling Source, LLC, et al., Defendants, and White Oak Global Advisors, LLC, Appellant-Respondent.

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

Decided October 18, 2018.


The court correctly rejected plaintiff's argument that the remedies standstill provision of section 5 (a) of the parties' intercreditor agreement (ICA) bars actions by Third Priority Lenders but not by the Third Priority Representative, because the Third Priority Representative's authority derives solely from the Third Priority Lenders (see American States Ins. Co. v Huff, 119 A.D.3d 478

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