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RESOLUTE FP US INC. v. NEW-INDY CATAWBA LLC

Index No. 652961/19. Appeal No. 15194. Case No. 2021-00755.

202 A.D.3d 420 (2022)

158 N.Y.S.3d 562

2022 NY Slip Op 00638

Resolute FP US Inc., Appellant, v. New-Indy Catawba LLC, Respondent.

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

Decided February 1, 2022.

Attorney(s) appearing for the Case

Clarick Gueron Reisbaum LLP, New York ( Melissa C. Holsinger of counsel), for appellant.

Morgan, Lewis & Bockius LLP, Boston, MA ( Julie V. Silva Palmer of the bar of the Commonwealth of Massachusetts, admitted pro hac vic, of counsel), for respondent.

Concur—Kern, J.P., Friedman, Singh, Scarpulla, Rodriguez, JJ.

Under the plain language of the APA, all asbestos litigations, except those specifically listed in schedule 3.6.1 as "Retained Obligations" for which plaintiff-seller is responsible, are "Assumed Obligations" for which the defendant-purchaser is responsible. Section 1.4.6(a) of the APA, read together with the APA's defined terms, provides that defendant's assumed obligations include liabilities related to the "Catawba Mill Business" arising under "any and all Laws," including...

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