BGC PARTNERS, INC. v. REFCO SEC., LLC

6624, 600692/07, 6625.

96 A.D.3d 601 (2012)

947 N.Y.S.2d 447

2012 NY Slip Op 5069

BGC PARTNERS, INC., Respondent, v. REFCO SECURITIES, LLC, Appellant.

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

June 21, 2012.


Pursuant to the parties' "Master Software License, Maintenance and Service Agreement," defendant had the right to the use of certain software and equipment and to maintenance and support services, in exchange for the payment to plaintiff of an annual licensing fee and a monthly maintenance fee (the Fixed Fees). Defendant also agreed to share with plaintiff portions of any commissions it received as a result of trading activity by its clients. The Fixed Fees were required...

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