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DELTA FINANCIAL CORPORATION v. MORRISON

14 Misc.3d 428 (2006)

827 N.Y.S.2d 601

DELTA FINANCIAL CORPORATION, in its Individual Capacity and as Initial Member of DELTA FUNDING RESIDUAL EXCHANGE COMPANY, LLC, Plaintiff, v. JAMES E. MORRISON et al., Defendants. DELTA FUNDING RESIDUAL EXCHANGE COMPANY, LLC, et al., Plaintiffs, v. DELTA FINANCIAL CORPORATION et al., Defendants. DELTA FUNDING RESIDUAL EXCHANGE COMPANY, LLC, Plaintiff, v. KPMG LLP, Defendant.

Supreme Court, Nassau County.

November 14, 2006.

Attorney(s) appearing for the Case

Loeb & Loeb, New York City (Eugene Licker and Melissa Kosack of counsel), and Certilman Ballin Adler & Hyman, East Meadow (M. Allan Hyman of counsel), for Delta Financial Corporation.

Dechert, LLP, New York City (Daniel Malone, Ross Hirsch and Marc Stein of counsel), and Christopher A. Byrne, P.C., Washington, D.C., for James Morrison and others.

OPINION OF THE COURT

IRA B. WARSHAWSKY, J.

Background

Delta Financial Corporation (DFC) filed a lawsuit against defendants James Morrison, Delta Funding Residual Exchange Company, LLC (LLC) and its management company, Delta Funding Residual Management, Inc. (DFRM) (collectively hereinafter known as the LLC), after the LLC withheld certain monies allegedly due DFC. The LLC thereafter commenced an action for approximately $110 million plus interest...

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