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LORELEY FIN. (JERSEY) NO. 28, LTD. v. MERRILL LYNCH, PIERCE, FENNER & SMITH INC.

11887, 652732/11.

117 A.D.3d 463 (2014)

985 N.Y.S.2d 499

2014 NY Slip Op 3326

LORELEY FINANCING (JERSEY) NO. 28, LIMITED, Respondent-Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, et al., Appellants-Respondents, and 250 CAPITAL LLC, Appellant, et al., Defendant.

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

Decided May 8, 2014.

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered May 16, 2013, which, to the extent appealed from as limited by the briefs, granted the motion of defendants Merrill Lynch, Pierce, Fenner & Smith Inc. (MLPFS), Merrill Lynch International Inc. (MLI), and Merrill Lynch & Co., Inc. (Merrill Lynch) (the Merrill defendants) to dismiss the first cause of action (rescission) as against them and the second, third...

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