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LEHMAN BROTHERS INTERNATIONAL v. AG FINANCIAL PRODUCTS, INC.

653284/11. 5914. 8137.

168 A.D.3d 527 (2019)

90 N.Y.S.3d 530

2019 NY Slip Op 00364

Lehman Brothers International (Europe), in Administration, Respondent, v. AG Financial Products, Inc., Appellant.

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

Decided January 17, 2019.

Despite the discretion afforded to defendant under the parties' agreements to calculate its loss after the agreements had been terminated, plaintiff raised an issue of fact as to whether defendant's loss calculation was reasonable and in good faith as required by the agreements. The court properly considered plaintiff's evidence, including expert reports, in support of its claim that defendant's calculations were not reasonable...

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