Legal Opinion

M & B Joint Venture, Inc. v. Laurus Master Fund, Ltd.

New York Court of Appeals

Decided April 7, 2009PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, with costs to defendants Laurus Master Fund, Ltd. and Laurus Master Fund, Ltd., as agent, and 14-16 East 67th Street Holding Corp., by granting their motions to dismiss the complaint as against them in the entirety and to cancel the notice of pendency and, as so modified, affirmed. The certified question should be answered in the negative.

In February 2004, Penthouse International, Inc., the owner of a New York City townhouse, entered into a series of transactions with defendant Laurus Master Fund, Ltd.,…

2Cases cited5 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
  3. Teichman v. Community Hospital of Western SuffolkNew York Court of Appeals · 1996
  4. Scivoletti v. MarsalaNew York Court of Appeals · 1984
  5. M & B Joint Venture, Inc. v. Laurus Master Fund, Ltd.Appellate Division of the Supreme Court of the State of New York · 2008

3Cited by20 opinions

  1. AMUSEMENT INDUSTRY, INC. v. SternDistrict Court, S.D. New York · 2011
  2. JPMorgan Chase Bank, N.A. v. RosemanAppellate Division of the Supreme Court of the State of New York · 2016
  3. Ryan v. CoverAppellate Division of the Supreme Court of the State of New York · 2010
  4. U.S. Bank N.A. v. SaffAppellate Division of the Supreme Court of the State of New York · 2021
  5. Bayview Loan Servicing, LLC v. WhiteAppellate Division of the Supreme Court of the State of New York · 2015

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