ARENA INVS. v. DCK WORLDWIDE

Index No. 653506/21 Appeal No. 48 Case No. 2022-01456.

215 A.D.3d 155 (2023)

189 N.Y.S.3d 117

2023 NY Slip Op 02476

ARENA INVESTORS, L.P., et al., Respondents, v. DCK WORLDWIDE HOLDINGS, INC., et al., Defendants, and CAPSTONE CAPITAL GROUP, LLC, et al., Appellants.

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

Decided May 9, 2023.


Attorney(s) appearing for the Case

Prince Lobel Tye LLP, Purchase ( James K. Landau of counsel), for appellants.

White & Case LLP, New York City ( Joshua Berman , Laura J. Garr and Dorian K. Panchyson of counsel), for respondents.

WEBBER, J.P., FRIEDMAN, SCARPULLA and RODRIGUEZ III, JJ. concur.


OPINION OF THE COURT

APPEAL from an order of the Supreme Court, New York County (Jennifer G. Schecter, J.), entered on or about March 22, 2022. The order, insofar as appealed from, denied defendants Capstone Capital Group, LLC and Capstone Credit, LLC's CPLR 3211 motion to dismiss claims asserted against them.

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