Appellate Division of the Supreme Court of New York, 2009

ESE Funding SPC Ltd. v. Stanley

ESE Funding SPC Ltd. v. Stanley
Appellate Division of the Supreme Court of New York · Decided December 29, 2009
68 A.D.3d 676; 891 N.Y.2d 400
ESE Funding SPC Ltd. v. Stanley

Opinion of the Court

*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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