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Furthermore, Delta’s improper and bad-faith termination of the
Agreement made a bankruptcy filing by Mesa both likely and imminent.
(Paragraph 68, supra; Pls.’ Ex. 26; Hr’g Tr. 116:05-119:10). Because Mesa’s legal
and bankruptcy expenses were “proximately related to the malicious acts” of Delta,
Mesa is due to be compensated for those expenses (United Pickle, 405 N.Y.S.2d at
728, 63 A.D.2d at 893), specifically, the fees and expenses for Seabury Group and
Cadwalader, Wickersham & Taft.