DEUTSCHE BANK SEC. INC. v. LEXINGTON DRAKE L.P.

603051/2008E.

2010 NY Slip Op 52097(U)

DEUTSCHE BANK SECURITIES INC. AND SPCP GROUP, LLC, Plaintiffs, v. LEXINGTON DRAKE L.P., LEXINGTON ANTIOCH LLC, LEXINGTON REALTY TRUST, AND TRIPLE NET INVESTMENT COMPANY LLC, Defendants.

Supreme Court, New York County.

Decided November 22, 2010.


Attorney(s) appearing for the Case

Sander Bak, Esq. and Tawfiq S. Rangwala, Esq. Milbank Tweed Hadley & McCloy LLP, One Chase Manhattan Plaza, New York, New York 10005-1413, for Plaintiffs.

John E. Jureller, Jr., Esq. , Klestadt & Winters LLP, 292 Madison Avenue, 17th Floor, New York, New York 10017-6314, for Defendants.


BERNARD J. FRIED, J.

Motion Sequence Numbers 001 and 002 are consolidated for disposition.

This action involves, primarily, a breach of contract claim arising in connection with the sale and purchase of bankruptcy claims against Dana Corporation (the Debtor), an automobile parts manufacturer that filed for bankruptcy relief in March 2006. Plaintiffs in this case are Deutsche Bank Securities Inc. (DBSI) and SPCP Group, LLC (SPCP)(collectively, Plaintiffs),...

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