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GARDA USA, INC. v. SUN CAPITAL PARTNERS, INC.

Index No. 657031/19. Appeal No. 13850. Case No. 2020-04714.

194 A.D.3d 545 (2021)

2021 NY Slip Op 03146

Garda USA, Inc., Respondent, v. Sun Capital Partners, Inc., et al., Appellants.

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

Decided May 18, 2021.

Attorney(s) appearing for the Case

Kirkland & Ellis LLP, New York ( Matthew O. Solum of counsel, Martin L. Roth of the bar of the State of Illinois, admitted pro hac vice, of counsel and John F. Hartmann of the bar of the State of Illinois, admitted pro hac vice, of counsel), for Sun Capital Partners, Inc., Sun Capital Partners Management VI, LLC, Sun SOS L.P., and Sun Holdings VI, LLC, appellants.

Cleary Gottlieb Steen & Hamilton LLP, New York ( Rahul Mukhi of counsel), for SOS Ultimate Holding, LLC, appellant.

Simpson Thacher & Bartlett LLP, New York ( Michael J. Garvey of counsel), for respondent.

Concur—Kern, J.P., Oing, Singh, Moulton, JJ.

Plaintiff Garda USA, Inc. is a company that provides security services. Defendant SOS Ultimate Holding, LLC (SOS) is another security services company. Defendants Sun Capital Partners, Inc. (Sun Capital), Sun Capital Partners Management VI, LLC, (Sun Management), Sun SOS, LP (Sun SOS), and Sun Holdings VI, LLC, (Sun Holdings, and collectively Sun), are affiliates. The complaint alleges that collectively the Sun entities were the owners of a 100% interest in SOS.

Sun...

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