FINANCIAL STRUCTURES LTD. v. UBS AG

601159/08, 14186A, 14186.

125 A.D.3d 468 (2015)

FINANCIAL STRUCTURES LIMITED et al., Appellants, v. UBS AG et al., Respondents.

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

Decided February 10, 2015.


The alleged oral representation made by one of defendants' representatives to one of plaintiffs' representatives regarding defendants' management of the reference pools at issue is insufficient to raise a triable issue of fact as to the existence of a legally binding oral side agreement between the parties. The evidence, as a whole, including several written agreements between the sophisticated commercial parties documenting the terms of defendants' management obligations...

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