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CLOVER PRIVATE CREDIT OPPORTUNITIES ORIGINATION (LEVERED) II, L.P. v. SANBERG

Index No. 652063/23, Appeal No. 2346, Case No. 2024-00912.

2024 NY Slip Op 02774

CLOVER PRIVATE CREDIT OPPORTUNITIES ORIGINATION (LEVERED) II, L.P. ET AL., Respondents, v. JOSEPH SANBERG ET AL., Appellants.

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

Decided May 21, 2024.

Attorney(s) appearing for the Case

Judd Burstein, P.C. New York ( Judd Burstein of counsel), for appellants.

Orrick, Herrington & Sutcliffe LLP, New York ( Daniel A. Rubens of counsel), for respondents.

Before: Kern, J.P., Oing, Kapnick, Higgitt, Michael, JJ.

Order, Supreme Court, New York County (Jennifer G. Schecter, J.), entered February 6, 2024, which granted plaintiffs' motion to dismiss defendants' affirmative defenses and counterclaims, unanimously modified, on the law, to reinstate the affirmative defenses and counterclaim challenging the commercial reasonableness of the sale (the Ninth and Tenth Affirmative Defenses, and the Fifth Counterclaim), and otherwise affirmed, without costs.

The motion court properly...

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