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BROWN v. CERBERUS CAPITAL MANAGEMENT, L.P.

9619, 655271/17.

173 A.D.3d 513 (2019)

104 N.Y.S.3d 62

2019 NY Slip Op 04772

Tonya Brown et al., Respondents-Appellants, v. Cerberus Capital Management, L.P., et al., Appellants-Respondents.

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

Decided June 13, 2019.

Contrary to defendants' contention, Brown did not release her claims. The purported release appears in a Repurchase Agreement that defendants Covis Pharmaceuticals, Inc. (CPI), Covis Management Investors US LLC (Management Investors US), and Covis US Holdings, LLC (Covis US) sent Brown. These defendants had not yet signed it when they sent it to her. Brown signed it but made a handwritten change. Hence, the document that she returned was a counteroffer and a rejection of...

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