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MBIA INS. CORP. v. PATRIARCH PARTNERS VIII, LLC

No. 09 Civ. 3255.

842 F.Supp.2d 682 (2012)

MBIA INSURANCE CORPORATION, Plaintiff, v. PATRIARCH PARTNERS VIII, LLC, a Delaware limited liability company, and LD Investments, LLC, a Delaware limited liability company, Defendants.

United States District Court, S.D. New York.

Opinion Denying Reconsideration in Part April 4, 2012.

Attorney(s) appearing for the Case

Bingham McCutchen LLP, by: Jeffrey Q. Smith, Esq., Susan F. DiCicco, Esq., Kevin J. Biron, Esq., New York, NY, for Plaintiff.

Brune & Richard LLP, by: Charles A. Michael, Esq., David Elbaum, Esq., Hillary Richard, Esq., New York, NY, for Defendants.

OPINION

SWEET, District Judge.

The defendants Patriarch Partners VIII, LLC ("Patriarch") and LD Investments, LLC ("LDI") (collectively, the "Defendants") have moved pursuant to Fed. R.Civ.P. 56 for summary judgment dismissing the complaint of MBIA Insurance Corporation ("MBIA" or the "Plaintiff"). MBIA has also moved pursuant Fed. R.Civ.P. 56 for partial summary judgment dismissing the Defendants' affirmative defenses of unclean hands and equitable estoppel...

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