Structured Credit Partners, LLC v. PaineWebber Inc.

—Order, Supreme Court, New York County (Charles Ramos, J.), entered July 2, 2002, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7), unanimously affirmed, without costs.

Plaintiffs breach of contract claim alleging defendant’s unjustified reduction of the arbitrage vehicle’s profitability, and resulting elimination of a large part of plaintiffs expected profit from the transaction, was properly dismissed in view of the provisions in the parties’ agreements that defendant’s arbitrage profit calculations “shall be binding and final absent manifest…