Legal Opinion

Morpheus Capital Advisors LLC v. UBS AG

New York Court of Appeals

Decided June 10, 2014PublishedCited by 19 opinions

1Opinion of the Court

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 *531commission 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 therefore no commission was due on the transaction at issue. Accordingly, the complaint should be dismissed.

I

In September 2008, plaintiff Morpheus Capital Advisors LLC (Morpheus)…

2Cases cited13 opinions

  1. Moses v. . BierlingNew York Court of Appeals · 1865
  2. McClave v. . PaineNew York Court of Appeals · 1872
  3. Slattery v. CothranAppellate Division of the Supreme Court of the State of New York · 1924
  4. Hammond, Kennedy & Co. v. Servinational, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
  5. Solid Waste Institute, Inc. v. Sanitary Disposal, Inc.Appellate Division of the Supreme Court of the State of New York · 1986

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3Cited by19 opinions

  1. Franklin v. Daily Holdings, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  2. Ajdler v. Province of MendozaCourt of Appeals for the Second Circuit · 2018
  3. Fox Broadcasting Co. v. Dish Network LLCDistrict Court, C.D. California · 2015
  4. Little Rest Twelve, Inc. v. ZajicAppellate Division of the Supreme Court of the State of New York · 2016
  5. Oberon Sec., LLC v. Titanic Entertainment Holdings LLCAppellate Division of the Supreme Court of the State of New York · 2021

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