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DELTA FIN. CORP. v. MORRISON

13 Misc.3d 441 (2006)

820 N.Y.S.2d 745

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.

July 26, 2006.

Attorney(s) appearing for the Case

Loeb & Loeb, New York City (Eugene Licker of counsel), and Certilman Balin 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.

Hogan & Hartson, New York City (Dennis Tracey of counsel), for KPMG LLP.

OPINION OF THE COURT

IRA B. WARSHAWSKY, J.

Delta Financial Corporation (DFC) filed a lawsuit against defendants James Morrison, Delta Funding Residual Exchange Company, LLC, and its management company, Delta Funding Residual Management, Inc. (collectively hereinafter known as LLC) after LLC allegedly withheld certain monies allegedly due DFC. LLC thereafter commenced an action for approximately $110,000,000 for, among other things, fraud with regard to an...

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