Barneli & Cie SA v. Dutch Book Fund SPC, Ltd.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Eileen Bransten, J.), entered August 12, 2010, which, insofar as appealed from, denied defendants’ motion to dismiss the fourth and fifth causes of action pursuant to CPLR 3211 (a) (1) and (7) and 3016 (b), unanimously reversed, on the law, with costs, and the motion granted. Appeal from order, same court and Justice, entered August 25, 2011, which, inter alia, upon reargument, adhered to the determination on the original motion, unanimously dismissed, without costs, as academic. The Clerk is directed to enter judgment in defendants’ favor dismissing the…
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