Art Capital Partners, LP v TYCO Acquisition Corp. XVIII
2011 NY Slip Op 09447 [90 AD3d 1552]
December 23, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 1, 2012


Art Capital Partners, LP, et al., Respondents,
v
TYCO Acquisition Corp. XVIII, Now Known as MA/COM Tech Holdings, Inc., et al., Appellants.

—[*1] 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.

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.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Peradotto, J.P., Lindley, Green and Gorski, JJ.