CREDIT SUISSE FIRST BOSTON v. UTRECHT-AMERICA FINANCE CO.

3394, 601123/04.

80 A.D.3d 485 (2011)

915 N.Y.S.2d 531

CREDIT SUISSE FIRST BOSTON, Respondent, v. UTRECHT-AMERICA FINANCE CO. et al., Appellants.

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

Decided January 18, 2011.


This action for breach of contract arises out of defendant Utrecht-America's oral agreement (made through its agent, defendant Rabobank) to sell distressed assets to plaintiff (the trade) consisting of defendant's interest in a May 28, 1999 loan to nonparty Choctaw Investors B.V., a Dutch limited liability company, for 62.5 cents on the dollar. As a special financing vehicle for Enron Corporation, Choctaw included among the significant intangible assets securing the loan...

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