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ETF INTERNATIONAL ASSOCIATES, INC. v. AMERICAN STOCK EXCHANGE LLC

Nos. 5036, 112100/08

87 A.D.3d 464 (2011)

928 N.Y.S.2d 296

2011 NY Slip Op 6294

ETF INTERNATIONAL ASSOCIATES, INC., Appellant, v. AMERICAN STOCK EXCHANGE LLC, Respondent.

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

Decided August 18, 2011.

We agree with the motion court that the parties' consulting agreement, specifically schedule C to the second amendment to the agreement, precludes plaintiff's claim for entitlement to compensation arising out of exchange-traded funds (ETFs) sponsored by nonparty ProFunds Advisors LLC, an investment advisory firm, listed and traded on the American Stock Exchange (AMEX) that were not included in schedule C. That schedule contains...

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