Wachtell Lipton Rosen & Katz v CVR Energy Inc.

Motion No: M-6075

Slip Opinion No: 2017 NYSlipOp 72249(U)

Decided on May 2, 2017

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

May 2, 2017

Wachtell, Lipton, Rosen & Katz,

Plaintiff-Respondent,

v

CVR Energy, Inc.,

Defendant-Appellant,

Icahn Enterprises, L.P., et al.,

Defendants.

Plaintiff-respondent having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on October 27, 2016 (Appeal Nos. 2060-2061), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. ENTERED: May 2, 2017

_____________________ CLERK

PRESENT - Hon. David Friedman, Justice Presiding, Richard T. Andrias Karla Moskowitz Judith J. Gische Ellen Gesmer, Justices

M-6075

Index No. 654343/13