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DELTA FIN. CORP. v. MORRISON

2006 NY Slip Op 26332

13 Misc 3d 604

DELTA FINANCIAL CORPORATION, IN ITS INDIVIDUAL CAPACITY and AS INITIAL MEMBER OF DELTA FUNDING RESIDUAL EXCHANGE COMPANY, LLC, Plaintiff, v. JAMES E. MORRISON ET AL., Defendants. DELTA FUNDING RESIDUAL EXCHANGE COMPANY, LLC, ET AL., Plaintiffs, v. DELTA FINANCIAL CORPORATION ET AL., Defendants. DELTA FUNDING RESIDUAL EXCHANGE COMPANY, LLC, Plaintiff, v. KPMG LLP, Defendant.

Supreme Court, Nassau County.

August 17, 2006.

Attorney(s) appearing for the Case

Kirkpatrick & Lockhart Nicholson Graham LLP, Pittsburgh, Pennsylvania ( David R. Cohen of counsel), Loeb & Loeb, New York City ( Eugene Licker of counsel), and Certilman, Balin Adler & Hyman, East Meadow ( M. Allan Hyman of counsel), for Delta Financial Corporation.

Dechert, LLP, New York City ( Daniel Malone , Ross Hirsch and Marc Stein of counsel), and Christopher A. Byrne , P.C., Washington, D.C., for Delta Funding Residual Exchange Company, LLC, and others.

Hogan & Hartson, New York City ( Dennis Tracey of counsel), for KPMG LLP.

OPINION OF THE COURT

IRA B. WARSHAWSKY, J.

Background

Delta Financial Corporation (DFC) filed a lawsuit against defendants James Morrison, Delta Funding Residual Exchange Company, LLC, and its management company, Delta Funding Residual Management, Inc. (collectively hereinafter known as LLC) after LLC allegedly withheld certain monies allegedly due DFC. LLC thereafter commenced an action for approximately $110,000,000 for, among other things, fraud...

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