Sher Tremonte Wins Appeal Upholding Dismissal of $8 Million Claim Against Private Equity Firm


On July 2, 2019, the New York State Supreme Court Appellate Division, First Department denied an appeal of an order dismissing all claims against Sher Tremonte’s client, a private equity firm.

The plaintiff purchased a NYC-based organic juice business from Sher Tremonte’s client, the former majority owner of the business.  The purchaser filed a lawsuit against Sher Tremonte’s client, alleging that it breached the sale contract by failing to provide good title to all ownership interests in the business.  The lower court found that Sher Tremonte’s client did provide good title under the sale contract and dismissed the $8 million complaint against it.  The appellate court confirmed the lower court’s decision in its entirety.  The case was handled by Sher Tremonte partners, Michael Tremonte and Mark Cuccaro.  Read the opinion here.