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VXI LUX v. SIC HOLDINGS

652064/17. 8617.

171 A.D.3d 189 (2019)

98 N.Y.S.3d 1

2019 NY Slip Op 02437

VXI LUX HOLDCO S.A.R.L., Appellant, v. SIC HOLDINGS, LLC, et al., Respondents, et al., Defendants.

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

Decided March 28, 2019.

Attorney(s) appearing for the Case

Proskauer Rose, LLP, Los Angeles, CA ( Jonathan M. Weiss of the California bar, admitted pro hac vice, of counsel), and New York City ( David W. Heck of counsel), for appellant.

Wollmuth Maher & Deutsch LLP, New York City ( William F. Dahill , Jay G. Safer and Mara R. Lieber of counsel), for respondents.

RENWICK, J.P., TOM, KAHN and GESMER, JJ., concur.

OPINION OF THE COURT

Plaintiff's claims are not definitively contradicted by the documentary evidence. The record (to the extent there is one on this motion pursuant to CPLR 3211) demonstrates the existence of issues of fact concerning when plaintiff determined that there...

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