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PRINCIPIA PARTNERS LLC v. SWAP FINANCIAL GROUP, LLC

Index No. 656163/19. Appeal No. 13872. Case No. 2020-02645.

194 A.D.3d 584 (2021)

144 N.Y.S.3d 338

2021 NY Slip Op 03267

Principia Partners LLC, Appellant, v. Swap Financial Group, LLC, et al., Respondents.

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

Decided May 20, 2021.

Attorney(s) appearing for the Case

Aguilar Bentley LLC, New York ( Lisa Bentley of counsel), for appellant.

Klehr Harrison Harvey Branzburg LLP, New York ( Matthew J. McDonald of counsel), for Swap Financial Group, LLC, respondent.

Patterson Belknap Webb & Tyler LLP, New York ( Joshua Kipnees of counsel), for Syncora Investment Holdings LLC, Syncora Guarantee Inc., Syncora Holdings US Inc., and Syncora Holdings Ltd., respondents.

Concur—Acosta, P.J., Webber, Kennedy, Shulman, JJ.

Plaintiff's claim against the Syncora entities for alter ego liability must be analyzed based on the law of the state of incorporation of each defendant (see Flame S.A. v Worldlink Intl. [Holding] Ltd., 107 A.D.3d 436, 438 [1st Dept 2013], lv denied 22 N.Y.3d 855 [2013]). Defendant Syncora Guarantee is a New York corporation, Syncora Investment and Syncora US are Delaware entities, and Syncora...

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