ROTH IRA v. GRUPO TRIBASA


304 A.D.2d 483 (2003)

758 N.Y.S.2d 313

RANDALL D. SMITH ROTH IRA, Respondent, v. GRUPO TRIBASA, S.A. DE C.V., et al., Appellants.

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

Decided April 24, 2003.


We reject defendants' argument that plaintiff, a purchaser of a beneficial interest in the subject "Regulation S Global Note," could not resort to the service of process provision contained in defendants' Fiscal Agency Agreement with certain nonparty banks pursuant to which the global note was issued. Under that agreement and a related Offering Circular, the global note was registered in the name of a certain trust company, which was to sell beneficial interests in the global...

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