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BANK OF N.Y. MELLON TRUST CO., N.A. v. MERRILL LYNCH CAPITAL SERVS. INC.

7875, 651914/10.

99 A.D.3d 626 (2012)

953 N.Y.S.2d 36

2012 NY Slip Op 7201

THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Successor Indenture Trustee to JPMORGAN CHASE BANK N.A., Respondent, v. MERRILL LYNCH CAPITAL SERVICES INC., Appellant, and AG FINANCIAL PRODUCTS, INC., et al., Respondents, et al., Defendants.

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

October 25, 2012.

Between September 2005 and September 2006, defendants Taberna Preferred Funding III, Ltd., Taberna Preferred Funding IV, Ltd., Taberna Preferred Funding VI, Ltd., and Taberna Preferred Funding VII, Ltd., issued notes pursuant to indentures between themselves and JPMorgan Chase Bank, N.A. Plaintiff Bank of New York Mellon Trust Co., N.A. (BONY) succeeded JPMorgan as trustee under the indentures. Because the rate of interest on the notes was a floating rate, the Taberna entities...

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