IRB-BRASIL RESSEGUROS S.A. v. ELDORADO TRADING CORPORATION LTD.

1797, 1798, 604013/06

68 A.D.3d 576 (2009)

2009 NY Slip Op 9395

891 N.Y.S.2d 362

IRB-BRASIL RESSEGUROS S.A., Respondent-Appellant, v. ELDORADO TRADING CORPORATION LTD. et al., Appellants-Respondents.

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

Decided December 17, 2009.


Plaintiff's original motion for summary judgment was denied because of the court's concern that the Euroclear statement and other documents suggested that BB Securities, rather than plaintiff, may have been the true holder under the terms of the note. Plaintiff moved to renew, submitting an affidavit by BB's managing director, clearly averring that it held the note solely as custodian for plaintiff, as well as an assignment agreement between BB and plaintiff, establishing...

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