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BML PROPERTIES LTD. v. CHINA CONSTRUCTION AMERICA, INC.

Index No. 657550/17, Appeal No. 2134, Case No. 2023-3147.

2024 NY Slip Op 02252

BML PROPERTIES LTD., Plaintiff-Respondent, v. CHINA CONSTRUCTION AMERICA, INC. NOW KNOWN AS CCA CONSTRUCTION, INC., ET AL., Defendants-Appellants, DOES 1 THROUGH 10, Defendants.

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

Decided April 25, 2024.

Attorney(s) appearing for the Case

Debevoise & Plimpton LLP, New York ( Maura Kathleen Monaghan of counsel), for appellants.

Susman Godfrey L.L.P., New York ( Jacob W. Buchdahl of counsel), for respondent.

Before: Webber, J.P., Friedman, González, Rosado, Michael, JJ.

Order, Supreme Court, New York County (Andrew Borrok, J.), entered on or about May 25, 2023, which, insofar as appealed from as limited by the briefs, denied defendants' motion for summary judgment dismissing the complaint and granted plaintiff's motion for summary judgment dismissing the counterclaims for breach of §§ 4.7, 4.8(g), and 4.8(l) of the Investors Agreement and the affirmative defenses that plaintiff's claims were derivative and released, unanimously...

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