CENTRE LANE PARTNERS III, L.P. v. NATURE'S BOUNTY CO.

Index No. 656486/18. Appeal No. 13582. Case No. 2020-02660.

193 A.D.3d 498 (2021)

141 N.Y.S.3d 852

2021 NY Slip Op 02238

Centre Lane Partners III, L.P., et al., Appellants, v. The Nature's Bounty Co. et al., Respondents.

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

Decided April 13, 2021.


Attorney(s) appearing for the Case

Thompson Hine LLP, New York ( Renee Zaytsev of counsel), for appellants.

Morrison Cohen LLP, New York ( Latisha V. Thompson of counsel), for respondents

Concur—Manzanet-Daniels, J.P., Mazzarelli, Oing, Kennedy, JJ.


Plaintiffs acquired nonparty Vitamin World, Inc., from defendants. As part of the transaction, defendants committed to supply certain levels of vitamin product as defined in a "Lost Sales" provision of the "Supply Agreement." A dispute between defendants and Vitamin World over supply levels ensued. The dispute was resolved by a settlement agreement entered into by defendants and Vitamin World on behalf of itself and its affiliates (now including plaintiffs), in which Vitamin...

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