Art Capital Partners, LP v TYCO Acquisition Corp. XVIII
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Art Capital Partners, LP v TYCO Acquisition Corp. XVIII
2011 NY Slip Op 09447
Decided on December 23, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on December 23, 2011
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PERADOTTO, J.P., LINDLEY, GREEN, AND GORSKI, JJ.
1366 CA 11-00740
[*1]ART CAPITAL PARTNERS, LP, ART HOLDINGS, LLC, KEITH A. BLAKELY, LINDA B. BLAKELY, W. DALE COMPTON, AS TRUSTEE UNDER THE W. DALE COMPTON TRUST AGREEMENT DATED MAY 18, 1977, MICHAEL T. KELLEY, JAMES W. TAKACS, AS TRUSTEE OF THE EVANS FAMILY TRUST, ROGER STORM, WARBURG, PINCUS CAPITAL PARTNERS, L.P., JAMES B. ADLER, HARVEY H. BLAKELY, E. JOHN FINN, ANDREW G. KNAFEL AND SIDNEY R. KNAFEL, INDIVIDUALLY AND AS TRUSTEES OF THE DOUGLAS R. KNAFEL TRUST (1983), DON KOSTER, GEORGE PASHEL, PINPOINT PARTNERS I, MARY T. SPOHN AND JAMES H. STEINER, PLAINTIFFS-RESPONDENTS,
v
TYCO ACQUISITION CORP. XVIII, NOW KNOWN AS MA/COM TECH HOLDINGS, INC., TYCO ELECTRONICS CORPORATION, TYCO INTERNATIONAL (US) INC., TYCO INTERNATIONAL LTD., AND M/A-COM CERAM, INC., DEFENDANTS-APPELLANTS.
Appeal from a judgment of the Supreme Court, Erie County (John A. Michalek, J.), entered December 30, 2010. The judgment awarded plaintiffs the sum of $5,719,050.24 against defendants.
DEWEY PEGNO & KRAMARSKY LLP, NEW YORK CITY (THOMAS E.L. DEWEY OF COUNSEL), AND PHILLIPS LYTLE LLP, BUFFALO, FOR DEFENDANTS-APPELLANTS.
ZDARSKY, SAWICKI & AGOSTINELLI LLP, BUFFALO (JOSEPH E. ZDARSKY OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
Entered: December 23, 2011
Frances E. Cafarell
Clerk of the Court
Decided on December 23, 2011
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PERADOTTO, J.P., LINDLEY, GREEN, AND GORSKI, JJ.
1366 CA 11-00740
[*1]ART CAPITAL PARTNERS, LP, ART HOLDINGS, LLC, KEITH A. BLAKELY, LINDA B. BLAKELY, W. DALE COMPTON, AS TRUSTEE UNDER THE W. DALE COMPTON TRUST AGREEMENT DATED MAY 18, 1977, MICHAEL T. KELLEY, JAMES W. TAKACS, AS TRUSTEE OF THE EVANS FAMILY TRUST, ROGER STORM, WARBURG, PINCUS CAPITAL PARTNERS, L.P., JAMES B. ADLER, HARVEY H. BLAKELY, E. JOHN FINN, ANDREW G. KNAFEL AND SIDNEY R. KNAFEL, INDIVIDUALLY AND AS TRUSTEES OF THE DOUGLAS R. KNAFEL TRUST (1983), DON KOSTER, GEORGE PASHEL, PINPOINT PARTNERS I, MARY T. SPOHN AND JAMES H. STEINER, PLAINTIFFS-RESPONDENTS,
v
TYCO ACQUISITION CORP. XVIII, NOW KNOWN AS MA/COM TECH HOLDINGS, INC., TYCO ELECTRONICS CORPORATION, TYCO INTERNATIONAL (US) INC., TYCO INTERNATIONAL LTD., AND M/A-COM CERAM, INC., DEFENDANTS-APPELLANTS.
Appeal from a judgment of the Supreme Court, Erie County (John A. Michalek, J.), entered December 30, 2010. The judgment awarded plaintiffs the sum of $5,719,050.24 against defendants.
DEWEY PEGNO & KRAMARSKY LLP, NEW YORK CITY (THOMAS E.L. DEWEY OF COUNSEL), AND PHILLIPS LYTLE LLP, BUFFALO, FOR DEFENDANTS-APPELLANTS.
ZDARSKY, SAWICKI & AGOSTINELLI LLP, BUFFALO (JOSEPH E. ZDARSKY OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
Entered: December 23, 2011
Frances E. Cafarell
Clerk of the Court
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