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Art Capital Partners, Lp, Art Holdings, LLC, Keith A. Blakely, Linda B. Blakely, W. v. Tyco Acquisition Corp. Xviii

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department P


December 23, 2011

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.

Appeal from a judgment of the Supreme Court, Erie County (John A. Michalek, J.), entered December 30, 2010.

Art Capital Partners, LP v TYCO Acquisition Corp. XVIII

Appellate Division, Fourth Department

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

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 23, 2011

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

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.

Entered: December 23, 2011

Frances E. Cafarell Clerk of the Court

20111223

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