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DEEPHAVEN DISTRESSED OPPORTUNITIES TRADINGS, LTD. v. 3V CAPITAL MASTER FUND LTD.

8580-8581, 600610/08, 590803/08.

100 A.D.3d 505 (2012)

954 N.Y.S.2d 46

DEEPHAVEN DISTRESSED OPPORTUNITIES TRADINGS, LTD., et al., Respondents, v. 3V CAPITAL MASTER FUND LTD. et al., Appellants. 3V CAPITAL MASTER FUND LTD., Third-Party Plaintiff-Appellant, v. IMPERIAL CAPITAL LLC et al., Third-Party Defendants.

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

November 15, 2012.

As the motion court found, the threshold issue in this case is whether the parties intended to be bound by the trade confirmations (Amcan Holdings, Inc. v Canadian Imperial Bank of Commerce, 70 A.D.3d 423, 427 [1st Dept 2010], lv denied 15 N.Y.3d 704 [2010]). The parties were sophisticated hedge funds that traded a claim through third-party defendant...

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