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ZOHAR CDO 2003-1 LIMITED v. XINHUA SPORTS & ENTERTAINMENT LIMITED

11183, 651473/11.

111 A.D.3d 578 (2013)

975 N.Y.S.2d 663

2013 NY Slip Op 7860

ZOHAR CDO 2003-1 LIMITED et al., Appellants, v. XINHUA SPORTS & ENTERTAINMENT LIMITED et al., Defendants, and LORETTA FREDY BUSH, Respondent.

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

Decided November 26, 2013.

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered August 24, 2012, which granted the motion of defendant Loretta Fredy Bush to dismiss the second cause of action alleging negligent misrepresentation as against her, unanimously affirmed, with costs.

Where, as here, sophisticated parties expressly state in their heavily negotiated agreement that they are dealing at arm's length, such a disclaimer bars...

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