ART CAPITAL PARTNERS LP ART HOLDINGS LLC KEITH BLAKELY LINDA BLAKELY DALE COMPTON AS TRUSTEE UNDER THE DALE COMPTON TRUST AGREEMENT DATED MAY 18 1977 MICHAEL KELLEY JAMES TAKACS AS TRUSTEE OF THE EVANS FAMILY TRUST ROGER STORM WARBURG PINCUS CAPITAL PARTNERS JAMES ADLER HARVEY BLAKELY JOHN FINN ANDREW KNAFEL AND SIDNEY KNAFEL INDIVIDUALLY AND AS TRUSTEES OF THE DOUGLAS KNAFEL TRUST 1983 DON KOSTER GEORGE PASHEL PINPOINT PARTNERS MARY SPOHN AND JAMES 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 COM CERAM INC DEFENDANTS APPELLANTS (2011)

Supreme Court, Appellate Division, Fourth Department, New York.

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.

CA 11–00740

Decided: December 23, 2011

PRESENT: PERADOTTO, J.P., LINDLEY, GREEN, AND GORSKI, JJ.

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.

ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Frances E. Cafarell

Clerk of the Court

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