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BGC PARTNERS INC. v. BOARD OF TRADE OF CITY OF CHICAGO, INC.

600437/09.

2011 NY Slip Op 51902(U)

BGC PARTNERS INC., SUCCESSOR IN INTEREST TO eSPEED, INC., Plaintiff, v. BOARD OF TRADE OF THE CITY OF CHICAGO, INC., AND CME GROUP INC., Defendants.

Supreme Court, New York County.

Decided September 27, 2011.

Attorney(s) appearing for the Case

Counsel on the matter were Francis X. Riley III and Michael Rowan of Saul Ewing LLP for Plaintiff and Lauren E. Aguiar , Colm P. McInerney , Jerrold E. Salzman and Marcella Lape of Skadden, Arps, Slate, Meagher & Flom LLP for Defendant the Chicago Board of Trade.

EILEEN BRANSTEN, J.

Plaintiff BGC Partners Inc ("BGC"), successor in interest to eSpeed, Inc., moves, pursuant to CPLR 3214, to compel disclosure and for leave to amend the complaint pursuant to CPLR 3025 (b). Defendant Board of Trade of the City of Chicago, Inc. ("CBOT") opposes plaintiff's motion.

Background

On December 12, 2002, CBOT and eSpeed, Inc. ("eSpeed") entered into a "Network Agreement." Amended Complaint, ¶ 1; Affirmation of Michael...

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