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TRC MASTER FUND, LLC v. AP GAS & ELECTRIC (TX), LLC

9112, 654968/16.

175 A.D.3d 1156 (2019)

106 N.Y.S.3d 602

2019 NY Slip Op 06569

TRC Master Fund, LLC, Appellant, v. AP Gas & Electric (TX), LLC, Respondent.

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

Decided September 17, 2019.

Attorney(s) appearing for the Case

Rubin LLC, New York ( Paul A. Rubin of counsel), for appellant.

Bryan Cave Leighton Paisner LLP, New York ( Thomas J. Schell of counsel), for respondent.

Concur—Friedman, J.P., Gische, Webber, Kahn, Oing, JJ.

Defendant's reading of the agreement, which the motion court accepted, requires a deviation from the express text, impermissibly rendering certain provisions without meaning or effect (see Vermont Teddy Bear Co. v 538 Madison Realty Co., 1 N.Y.3d 470, 475 [2004]). Plaintiff purchased a claim that defendant made in a bankruptcy proceeding filed by a third party. The purchase agreement gives plaintiff the option of demanding immediate...

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