9244-9245-9246-9247. BDCM FUND ADVISER, L.L.C., FORMERLY KNOWN AS BLACK DIAMOND CAPITOL MANAGEMENT, L.L.C. plf-ap, v. JAMES J. ZENNI, JR. DEFENDANTS/COUNTERCLAIM plf-res, v. BDCM FUND ADVISER, L.L.C., FORMERLY KNOWN AS BLACK DIAMOND CAPITOL MANAGEMENT, L.L.C. Counterclaim-def-ap — BDCM FUND ADVISER, L.L.C., FORMERLY KNOWN AS BLACK DIAMOND CAPITOL MANAGEMENT, L.L.C. Plaintiffs-Appellants-res, v. JAMES J. ZENNI, JR. Defendants-Respondents-ap — Mintz Levin Cohen Ferris Glovsky and Popeo, P.C., New York (Robert I. Bodian of counsel), for appellants/appellants-res — Storch Amini & Munves PC, New York (Bijan Amini of counsel), for respondents/respondents-ap — Order, Supreme Court, New York County (Eileen Bransten, J.), entered May 30, 2012, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing the remaining claims in the 2008 action, granted defendants’ motion for sanctions to the extent of holding plaintiffs in civil contempt, granted in part defendants’ motion to dismiss in the 2011 action the causes of action for breach of contract, tortious interference with prospective business relations, and unfair competition, and denied defendants’ motion to dismiss those claims, as well as the defamation per se cause of action, in their entirety, unanimously modified, on the law, to the extent of dismissing the tortious interference and unfair competition claims concerning BTV, UMW and Paragon Outcomes, and otherwise affirmed, without costs. Judgment, same court and Justice, entered June 20, 2012, dismissing the complaint in the 2008 action and awarding defendants $490 in costs and disbursements, unanimously affirmed, without costs. Order, same court and Justice, entered April 30, 2012, which denied plaintiffs’ motion to vacate the note of issue and certificate of readiness in the 2008 action, unanimously affirmed, without costs.
In 2006, plaintiff Stephen H. Deckoff bought out the ownership interests of defendant James J. Zenni, Jr. in defendant Black Diamond Capital Management, L.L.C. (BDCM), an alternative asset management firm, pursuant to a Membership Interest Redemption Agreement (MIRA). Anticipating that Zenni would establish a competing asset management fund, the MIRA set forth the parameters under which Zenni could compete with BDCM, including parameters relating to Zenni’s promotion of his role in BDCM’s success.
