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JUSTINIAN SPC v. WESTLB AG, NY

600975/2010.

37 Misc.3d 518 (2012)

952 N.Y.S.2d 725

2012 NY Slip Op 22227

JUSTINIAN CAPITAL SPC, For and on Behalf of BLUE HERON SEGREGATED PORTFOLIO, Plaintiff, v. WESTLB AG, NEW YORK BRANCH, et al., Defendants.

Supreme Court, New York County.

August 15, 2012.

Attorney(s) appearing for the Case

Hughes Hubbard & Reed LLP for defendants. Grant & Eisenhofer P.A. for plaintiff.

OPINION OF THE COURT

SHIRLEY WERNER KORNREICH, J.

This action arises out of the collapse of two special purpose vehicles incorporated in the Cayman Islands, Blue Heron Funding VI, Ltd. and Blue Heron Funding VII, Ltd. (the SPCs), that were formed to invest in securities. Two corresponding companies, Blue Heron Funding VI Inc. and Blue Heron Funding VII, Inc., were incorporated in Delaware. Defendant WestLB...

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