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MERRILL LYNCH v. DONALDSON

601175-2009.

27 Misc.3d 391 (2010)

895 N.Y.S.2d 698

MERRILL LYNCH INTERNATIONAL FINANCE, INC., Plaintiff, v. CONWAY DONALDSON, Defendant.

Supreme Court, New York County.

Decided February 5, 2010.

Attorney(s) appearing for the Case

Gusrae, Kaplan, Bruno & Nusbaum PLLC, New York City ( Brian D. Graifman and Daniel M. Branower of counsel), for defendant.

Rubin, Fortunato & Harbison P.C., Paoli, Pennsylvania ( Jason K. Roberts of counsel), for plaintiff.

OPINION OF THE COURT

JAMES A. YATES, J.

Merrill Lynch International Finance, Inc. (MLIFI) seeks payment on a promissory note from Conway Donaldson, a former registered broker for Merrill Lynch Pierce Fenner & Smith (MLPFS), who allegedly owes money on a low-interest retention loan he received upon MLPFS' merger with Bank of America Corporation (BofA). MLIFI, an affiliate of MLPFS and a subsidiary of BofA/Merrill Lynch & Co., Inc., filed a motion...

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