MKP MASTER FUND, LDC v. SALOMON SMITH BARNEY, INC.


11 A.D.3d 218 (2004)

783 N.Y.S.2d 528

MKP MASTER FUND, LDC, et al., Appellants, v. SALOMON SMITH BARNEY, INC., Respondent.

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

October 5, 2004.


Plaintiff managers of an investment hedge fund allege an oral agreement with their broker-dealer, binding the latter to accept so-called "bonds-in-a-box" in meeting the fund's brokerage obligations for the life of the relationship, and that defendant breached such agreement when it demanded the fund pay only in cash or Treasury securities. The motion court found that the agreement expressly prohibited any oral modification. The fact that defendant was willing to accept certain...

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