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LOGAN ADVISORS, LLC v. PATRIARCH PARTNERS, LLC

63 A.D.3d 440 (2009)

879 N.Y.S.2d 463

LOGAN ADVISORS, LLC, Appellant, v. PATRIARCH PARTNERS, LLC, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 4, 2009.

In December 2000, defendant Ark CLO 2000-1 purchased a portfolio of distressed loans, known as collateral debt obligations (CDOs), and bundled them into a collateralized loan obligation which it financed by issuing investment-grade notes and preference shares to outside investors. Pursuant to the governing indenture, Ark appointed JP Morgan Chase, a wholly independent entity, to serve as the trustee responsible for handling all cash for Ark's investors. On a quarterly basis...

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