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MORPHEUS ADVISORS v. UBS AG

No. 109

23 N.Y.3d 528 (2014)

15 N.E.3d 1187

992 N.Y.S.2d 178

2014 NY Slip Op 4112

MORPHEUS CAPITAL ADVISORS LLC, Respondent, v. UBS AG, Defendant, and UBS REAL ESTATE SECURITIES, INC., Appellant.

Court of Appeals of New York.

Decided June 10, 2014.

Attorney(s) appearing for the Case

White & Case LLP, New York City ( Kenneth A. Caruso and Patrick M. Wilson of counsel), and Herrick, Feinstein LLP ( Jeffrey I. Wasserman of counsel), for appellant.

Kornstein Veisz Wexler & Pollard, LLP, New York City ( William B. Pollard, III , and Amy C. Gross of counsel), for respondent.

OPINION OF THE COURT

Chief Judge LIPPMAN.

We are asked to decide in this appeal whether a financial brokerage agreement gave plaintiff broker the right to a commission when defendant owner transferred certain distressed assets to a fund created by the Swiss National Bank as part of a 2008 bailout. We hold that the contract gave plaintiff a standard exclusive agency, not an exclusive right to sell the assets, and...

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