1. Home
  2. Browse Decisions
  3. NY
  4. 2011 NY
  5. 2011 NY Slip Op 52431(U)
 

EDEN ROCK FIN. FUND, L.P. v. GEROVA FIN. GROUP LTD.

650613/2011.

2011 NY Slip Op 52431(U)

EDEN ROCK FINANCE FUND, L.P., EDEN ROCK FINANCE MASTER LIMITED, AND EDEN ROCK UNLEVERAGED FINANCÉ MASTER LIMITED, INDIVIDUALLY AND DERIVATIVELY ON BEHALF OF GEROVA FINANCIAL GROUP LTD., Plaintiffs, v. GEROVA FINANCIAL GROUP LTD., STILLWATER ASSET BACKED OFFSHORE FUND, LTD., STILLWATER ASSET BACKED FUND II LP, STILLWATER CAPITAL PARTNERS, LLC, STILLWATER CAPITAL PARTNERS, INC., GARY T. HIRST, JOSEPH J. BIANCO, AND JACK DOUECK, Defendants.

Supreme Court, New York County.

Decided December 21, 2011.

Attorney(s) appearing for the Case

Thomas K. Cauley, Jr. , Sidley Austin, LLP, One South Dearborn, Chicago, Illinois 60603, for Plaintiff.

Alex M. Weingarten , Spillane Weingarten LLP, 1880 Century Park East, Suite 1004, Los Angeles, CA 90067, Joshua S. Sohn , DLA Piper, 1251 Avenue of the Americas, New York, NY 10020-1104, Christopher P. Greeley , Herrick Feinstein, LLP, 2 Park Avenue, New York, NY 10016, for Defendants.

Joseph J. Bianco , Pro Se, 291 Seventh Avenue, New York, NY 10001.

BERNARD J. FRIED, J.

These two motions by different defendants seek to dismiss the complaint on the same two grounds, both for failure to state a cause of action (CPLR 3211 [a] [7]), and based upon a defense founded on documentary evidence (CPLR 3211 [a] [1]).

Motion sequence 006 is made by defendants Gerova Financial Group Ltd. (Gerova), and defendant Gerova Asset Backed Holdings, L.P. (the onshore fund), both of which are allegedly incorporated under the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases