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MILLENNIUM PARTNERS, L.P. v. SELECT INSURANCE COMPANY

1617, 1617A, 601878/07

68 A.D.3d 420 (2009)

2009 NY Slip Op 8886

889 N.Y.S.2d 575

MILLENNIUM PARTNERS, L.P., Appellant, v. SELECT INSURANCE COMPANY, Respondent, et al., Defendant.

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

Decided December 1, 2009.

As the motion court found, the findings recited in the Securities and Exchange Commission's cease and desist order to which plaintiff consented and in the assurance of discontinuance it entered into with the Attorney General of the State of New York, which provided, inter alia, for the disgorgement by plaintiff of $148 million, "conclusively link the disgorgement to improperly acquired funds," notwithstanding that plaintiff consented...

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