Borden LP v TPG Sixth Street Partners et al.

Motion No: M-3499

Slip Opinion No: 2019 NYSlipOp 80554(U)

Decided on October 1, 2019

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.

October 1, 2019

Borden LP,

Plaintiff,

v

TPG Sixth Street Partners, et al.,

Defendants.

TPG Sixth Street Partners, LLC, et al., Third-Party Plaintiffs-Appellants, v

Michael Borden, et al., Third-Party Defendants-Respondents,

Smudge Monster, LLC, Third-Party Defendant.

----------------------------------------X Third-party defendants-respondents, Michael Borden and PRS1000, LLC, having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on June 6, 2019 (Appeal No. 9545), 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: October 1, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Judith J. Gische Troy K. Webber Jeffrey K. Oing Peter H. Moulton, Justices

M-3499

Index No. 657398/17