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MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. v. OXFORD VENTURE PARTNERS, LLC

13 A.D.3d 89 (2004)

786 N.Y.S.2d 161

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellant, v. OXFORD VENTURE PARTNERS, LLC, et al., Respondents, et al., Defendants.

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

December 7, 2004.

In October 2002, plaintiff commenced an action against respondents Oxford Venture Partners, LLC and Karim Rajani and defendants eClick MD, Inc. and Fidelity Transfer Company for negligent misrepresentation, unjust enrichment and breach of contract. Oxford and Rajani did not answer the summons and complaint, and in early May 2003 plaintiff moved for a default judgment against them. Oxford and Rajani did not submit answering papers. On May 30, 2003, judgment was entered, upon...

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