Appellate Division of the Supreme Court of the State of New York October 16, 2012 (Nineteen Eighty-Nine, LLC v. Icahn Enterprises L.P.)

1989’s allegations that the Icahn defendants breached the parties’ LLC and Side Letter Agreements by transferring shares of Federal Mogul Corporation to an Icahn affiliate and causing that affiliate to institute a bond offering without disclosing *5471989’s interest in the shares to potential investors, thereby encumbering the shares and endangering 1989’s interest, were sufficient to withstand