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INTREPID v. SELLING SOURCE

Index Nos. 654291/13, 650641/19. Appeal No. 17073. Case No. 2021-03229.

213 A.D.3d 62 (2023)

183 N.Y.S.3d 79

2023 NY Slip Op 00396

INTREPID INVESTMENTS, LLC, as Administrative Agent, Appellant, v. SELLING SOURCE, LLC, et al., Respondents, et al., Defendants. INTREPID INVESTMENTS, LLC, as Administrative Agent, Appellant, v. SELLING SOURCE, LLC, et al., Respondents.

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

Decided January 31, 2023.

Attorney(s) appearing for the Case

Press Koral LLP, New York City ( Jason M. Koral of counsel), and Greenberg Traurig, P.A., Miami, Florida ( Elliot H. Scherker and Brigid F. Cech , admitted pro hac vice), of counsel, for appellant.

Susman Godfrey L.L.P., New York City ( Mark H. Hatch-Miller and Komal Patel , of counsel), for Selling Source, LLC and others, respondents.

Lundin PLLC, New York City ( Niall D. O'Murchadha , John M. Lundin and Cynthia L. Botello of counsel), for White Oak Global, respondent.

KAPNICK, SINGH, MENDEZ and RODRIGUEZ III, JJ. concur.

OPINION OF THE COURT

In 2007 and 2008, defendant Selling Source, LLC, an Internet marketing company, obtained secured loans from the Bank of New York Mellon and associated lenders, with Selling Source and related corporate entities guaranteeing repayment of the first and second priority obligations (as therein defined...

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