By Kevin Puvalowski and Brian Garrett
In BDCM Fund Advisor, L.L.C. v. Zenni, No. 602116/08 (N.Y. Sup. Ct. Nov. 15, 2012), Judge Eileen Bransten granted a motion for partial summary judgment for the defendants/counterclaim-plaintiffs, James J. Zenni (“Zenni”) and his group of investment firms (collectively “Defendants”), who were seeking a percentage of the profits from the sale of a fund managed by Stephen H. Deckoff (“Deckoff”), BDCM Fund Advisor, L.L.C., and Black Diamond Capital Holdings, L.L.C. (collectively “Plaintiffs”).
Continue Reading Keep Sticking to the Four Corners – Extrinsic Evidence of Parties’ Prior Conduct Cannot Alter the Interpretation of an Unambiguous Contract