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VXI LUX HOLDCO, S.A.R.L. v. SIC HOLDINGS, LLC

Index No. 652064/17. Appeal No. 13913. Case No. 2020-02978.

194 A.D.3d 628 (2021)

2021 NY Slip Op 03294

VXI Lux Holdco, S.A.R.L., Appellant, v. SIC Holdings, LLC, et al., Respondents, et al., Defendants.

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

Decided May 25, 2021.

Attorney(s) appearing for the Case

Proskauer Rose LLP, New York ( David W. Heck of counsel), and Proskauer Rose LLP, Los Angles, CA ( Jonathan M. Weiss of the bar of the State of California, admitted pro hac vice, of counsel), for appellant.

Dunnington, Bartholow & Miller LLP, New York ( William F. Dahill of counsel), for respondents.

Concur—Renwick, J.P. Webber, González, Scarpulla, JJ.

This action arises from plaintiff's $112 million purchase of Symbio S.A. from defendants. Accepting plaintiff's allegations as true, as amplified by the affidavits and documentary evidence submitted on the motion (see Rovello v Orofino Realty Co., 40 N.Y.2d 633, 635 [1976]; Kaminsky v FSP Inc., 5 A.D.3d 251, 251-252 [1st Dept 2004]), the SAC pleads, in great detail, that defendants, faced...

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