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ESE FUNDING SPC LTD. v. STANLEY

1903, 603292/07

68 A.D.3d 676 (2009)

2009 NY Slip Op 9718

891 N.Y.S.2d 400

ESE FUNDING SPC LTD., Appellant, v. MORGAN STANLEY et al., Respondents.

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

Decided December 29, 2009.

Plaintiff negotiated an arm's length commercial contract with defendant Morgan Stanley Altabridge to purchase defendants' financial risk associated with a third-party security transaction. Plaintiff has made no showing that any of these defendants had a "special relationship" with plaintiff (cf. Kimmell v Schaefer, 89 N.Y.2d 257 [1996]).

We have reviewed plaintiff's remaining arguments and find them...

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