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BARNELI & CIE SA v. DUTCH BOOK FUND SPC, LTD

Nos. 7774, 7774A, 600871/08.

95 A.D.3d 736 (2012)

946 N.Y.S.2d 53

2012 NY Slip Op 4099

BARNELI & CIE SA, Respondent, v. DUTCH BOOK FUND SPC, LTD, et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 29, 2012.

The fourth cause of action (for fraud) is not viable, given the representations and warranties that plaintiff made in the Subscription Agreement that it signed and the fact that it failed to investigate before investing $50 million in defendant Dutch Book Fund SPC, Ltd (Fund) (see e.g. MBIA Ins. Corp. v Merrill Lynch, 81 A.D.3d 419 [2011]; Graham Packaging Co., L.P. v Owens-Illinois...

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