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GSCP VI EdgeMARC HOLDINGS, L.L.C. v. ETC NORTHEAST PIPELINE, LLC

Index No. 652906/19. Appeal No. 13285. Case No. 2020-03461.

192 A.D.3d 454 (2021)

144 N.Y.S.3d 168

2021 NY Slip Op 01356

GSCP VI EdgeMarc Holdings, L.L.C., et al., Appellants-Respondents, v. ETC Northeast Pipeline, LLC, Respondent-Appellant.

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

Decided March 9, 2021.

Attorney(s) appearing for the Case

Wachtell, Lipton, Rosen & Katz, New York ( Emil A. Kleinhaus of counsel), for appellants-respondents.

Wiggin & Dana LLP, New York ( Michael L. Kenny Jr. of counsel), and Lynn Pinker Hurst & Schwegmann, Dallas, TX ( David S. Coale of the bar of the State of Texas, admitted pro hac vice, of counsel), for respondent-appellant.

Concur—Gische, J.P., Singh, Moulton, González, JJ.

Supreme Court properly denied defendant's motion to dismiss the breach of contract claim. The complaint alleges that defendant breached its obligation under Section 2(b) of the Commitment Letters, the governing contracts, on January 18, 2018, March 2, 2018, and April 16, 2018, "by providing false, incomplete and misleading Project Status Notices certifying that there was no Project Delay" in completing construction of a pipeline...

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