CITIGROUP GLOBAL MKTS. INC. v. SCIP CAPITAL MGT., LLC

Index No. 651031/19, Appeal No. 1819, Case No. 2023-04245.

2024 NY Slip Op 01249

CITIGROUP GLOBAL MARKETS INC., ET AL., Plaintiffs/Counterclaim Defendants-Appellants-Respondents, v. SCIP CAPITAL MANAGEMENT, LLC, ET AL., Defendants/Counterclaim Plaintiffs-Respondents-Appellants.

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

Decided March 7, 2024.


Attorney(s) appearing for the Case

Pillsbury Winthrop Shaw Pittman LLP, New York ( James M. Catterson of counsel), for appellants-respondents.

Friedman Kaplan Seiler Adelman & Robbins LLP, New York ( Robert S. Smith of counsel), for respondents-appellants.

Before: Oing, J.P., Moulton, Kapnick, Mendez, Shulman, JJ.


Order, Supreme Court, New York County (Margaret A. Chan, J.), entered July 19, 2023, which, to the extent appealed from as limited by the briefs, denied plaintiffs/counterclaim defendants' (Citi) motion for summary judgment dismissing the counterclaim but held that defendants/counterclaim plaintiffs (Silverfern) were not entitled to consequential damages, unanimously affirmed, without costs.

Contrary to Citi's argument, its obligation under the parties' Distribution...

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