Legal Opinion

Morpheus Capital Advisors LLC v. UBS AG

Appellate Division of the Supreme Court of the State of New York

Decided March 12, 2013Published

1Opinion of the Court

OPINION OF THE COURT

Román, J.

In 2008, during the financial crisis that left many financial services companies holding billions of dollars in “toxic assets” (undervalued and underperforming assets), plaintiff and defendant UBS Real Estate Securities Inc. (UBSRE) entered into an agreement whereby plaintiff was to act as UBSRE’s “financial advisor and investment banker in the proposed sale of certain of [UBSRE’s] student loan warehouse loan facilities (the ‘Transaction’).” The agreement gave plaintiff the “exclusive right to solicit counterparties for any potential Transaction involving the…

2Cases cited35 opinions

  1. Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
  2. Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
  3. Morris v. New York State Department of Taxation & FinanceNew York Court of Appeals · 1993
  4. Vermont Teddy Bear Co. v. 538 Madison Realty Co.New York Court of Appeals · 2004
  5. Sutton v. East River Savings BankNew York Court of Appeals · 1982

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