WHITEBOX CONVERTIBLE ARBITRAGE PARTNERS L.P. v. FAIRFAX FIN. HOLDINGS, LTD.

600306/08.

2008 NY Slip Op 33621 (U)

WHITEBOX CONVERTIBLE ARBITRAGE PARTNERS L.P., HFR RVA COMBINED MASTER TRUST, GUGGENHEIM PORTFOLIO COMPANY XXXI, LLC, INVESTCORP SILVERBACK ARBITRAGE MASTER FUND LTD., OTA LLC, ZAZOVE AGGRESSIVE GROWTH FUND, L.P., ZAZOVE HIGH YIELD CONVERTIBLE SECURITIES FUND, L.P., LIBERTYVIEW CREDIT OPPORTUNITIES FUND, LP, LIBERTYVIEW FUNDS, LP, LIBERTYVIEW SPECIAL OPPORTUNITIES FUND, LP, and NORTH POLE CAPITAL MASTER FUND, Plaintiffs, v. FAIRFAX FINANCIAL HOLDINGS, LTD., Defendant.

Supreme Court, New York County.

October 17, 2008


CHARLES E. RAMOS, Judge

The defendant Fairfax Financial Holdings, Ltd. ("Fair") moves pursuant to CPLR 3211(a)(1) and (7) to dismiss the amended complaint of the plaintiffs, Whitebox Convertible Arbitrage Partners, L.P., HFR RVA Combined Master Trust, Guggenheim Portfolio Company XXXI, LLC, Investcorp Silverback Arbitrage Master Fund Ltd., OTA LLC, Zazove Aggressive Growth Fund, L.P., Zazove High Yield Convertible Securities Fund, L.P., Libertyview Credit Opportunities...

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