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DELTA FIN. CORP. v. MORRISON

12 Misc.3d 807 (2006)

819 N.Y.S.2d 425

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

Supreme Court, Nassau County.

May 9, 2006.

Attorney(s) appearing for the Case

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

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

OPINION OF THE COURT

IRA B. WARSHAWSKY, J.

Plaintiff Delta Financial Corporation (hereinafter DFC) moves for an order granting leave to amend the complaint to include the following additional causes of action against defendant James Morrison: waste, improper personal benefit, breach of fiduciary duty, and material misstatement in Delta Funding Residual Exchange Company's financial statements.

Defendants James E. Morrison, Delta Funding Residual Management...

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