ESE Funding SPC Ltd. v. Stanley

Appellate Division of the Supreme Court of New York

ESE Funding SPC Ltd. v. Stanley

68 A.D.3d 676, 891 N.Y.2d 400

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 29, 2009

StatusPublished

Cited by3 cases

This text of 68 A.D.3d 676 (ESE Funding SPC Ltd. v. Stanley) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

ESE Funding SPC Ltd. v. Stanley, 68 A.D.3d 676, 891 N.Y.2d 400 (N.Y. Ct. App. 2009).

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Opinion

[677]*677Plaintiff negotiated an arm’s length commercial contract with defendant Morgan Stanley Altabridge to purchase defendants’ financial risk associated with a third-party security transaction. Plaintiff has made no showing that any of these defendants had a “special relationship” with plaintiff (cf. Kimmell v Schaefer, 89 NY2d 257 [1996]).

We have reviewed plaintiffs remaining arguments and find them unavailing. Concur — Andrias, J.P., Friedman, Acosta, DeGrasse and Román, JJ.

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[677]*677Plaintiff negotiated an arm’s length commercial contract with defendant Morgan Stanley Altabridge to purchase defendants’ financial risk associated with a third-party security transaction. Plaintiff has made no showing that any of these defendants had a “special relationship” with plaintiff (cf. Kimmell v Schaefer, 89 NY2d 257 [1996]).

We have reviewed plaintiffs remaining arguments and find them unavailing. Concur — Andrias, J.P., Friedman, Acosta, DeGrasse and Román, JJ.

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Bluebook (online)

68 A.D.3d 676, 891 N.Y.2d 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ese-funding-spc-ltd-v-stanley-nyappdiv-2009.

Opinion

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