Legal Opinion
IRB-Brasil Resseguros S.A. v. Eldorado Trading Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 17, 2009PublishedCited by 9 opinions
1Opinion of the Court
*577Plaintiffs original motion for summary judgment was denied because of the court’s concern that the Euroclear statement and other documents suggested that BB Securities, rather than plaintiff, may have been the true holder under the terms of the note. Plaintiff moved to renew, submitting an affidavit by BB’s managing director, clearly averring that it held the note solely as custodian for plaintiff, as well as an assignment agreement between BB and plaintiff, establishing the latter’s exclusive entitlement to sue under the note. Under these circumstances, the court providently exercised its…
2Cases cited5 opinions
- Elkaim v. ElkaimAppellate Division of the Supreme Court of the State of New York · 1991
- DeLeon v. Port AuthorityAppellate Division of the Supreme Court of the State of New York · 2003
- Garner v. LatimerAppellate Division of the Supreme Court of the State of New York · 2003
- First Interstate Credit Alliance, Inc. v. SokolAppellate Division of the Supreme Court of the State of New York · 1992
- Eastbank, N. A. v. Phoenix Garden Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
3Cited by9 opinions
- Angona v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 2014
- IRB-Brasil Resseguros S.A. v. Portobello International Ltd.Appellate Division of the Supreme Court of the State of New York · 2011
- Charest v. K Mart of NY Holdings, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Cohen v. CASSM Realty Corp.New York Supreme Court · 2016
- Olympus America, Inc. v. Beverly Hills Surgical InstituteAppellate Division of the Supreme Court of the State of New York · 2013
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