HAVELL CAPITAL ENHANCED MUNICIPAL INCOME FUND, L.P. v. CITIBANK, N.A.

5091, 650201/10.

84 A.D.3d 588 (2011)

923 N.Y.S.2d 479

HAVELL CAPITAL ENHANCED MUNICIPAL INCOME FUND, L.P., Appellant, v. CITIBANK, N.A., Respondent.

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

Decided May 17, 2011.


Plaintiff had purchased positions in municipal bonds on margin, and secured its debt to defendant with cash and the bonds pursuant to an International Swaps and Derivatives Association agreement and related agreements. When plaintiff defaulted under the governing agreements, rather than invoke its remedies upon default, defendant offered to purchase plaintiff's bond collateral. Although plaintiff's principal complained that defendant's bid purchase prices were too low, she...

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