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LMM CAPITAL PARTNERS, LLC v. MILL POINT CAPITAL, LLC

Index No. 653606/22, Appeal No. 1660, Case No. 2023-03088.

2024 NY Slip Op 00806

LMM CAPITAL PARTNERS, LLC, Plaintiff-Appellant, v. MILL POINT CAPITAL, LLC, ET AL., Defendants-Respondents.

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

Decided February 15, 2024.

Attorney(s) appearing for the Case

Schlam Stone & Dolan LLP, New York ( Samuel L. Butt , of counsel), for appellant.

Schulte Roth & Zabel LLP, New York ( Julia M. Beskin , of counsel), for Mill Point Capital, LLC and E&M Logistics, Inc., respondents.

Hochheiser Akmal PLLC, Garden City ( Marc Sabow , of counsel), for Martin Kelly, respondent.

Before: Manzanet-Daniels, J.P., Oing, Kapnick, Shulman, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered on or about May 10, 2023, which granted defendants' motions to dismiss the complaint with prejudice pursuant to CPLR 3211(a)(1), (5), and (7), unanimously affirmed, with costs.

In early 2020, plaintiff LMM Capital Partners, LLC (LMM), a private equity firm, and defendant Martin Kelly (Kelly), the CEO and majority owner of defendant E&M Logistics, Inc. (E&M), a leading distributor of food...

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