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D.B. ZWIRN FUND v. BRIN CORP.

604074-2006

26 Misc.3d 528 (2009)

888 N.Y.S.2d 876

2009 NY Slip Op 29453

D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P., Plaintiff, v. BRIN INVESTMENT CORPORATION, Defendant.

Supreme Court, New York County.

Decided November 12, 2009.

Attorney(s) appearing for the Case

Vinson & Elkins LLP, New York City (Steven R. Paradise, Michael V. Rella and Michael S. Davi of counsel), for plaintiff.

LeClair Ryan, New York City (Michael T. Conway and Kwame N. Cane of counsel), for defendant.

OPINION OF THE COURT

BERNARD J. FRIED, J.

Before me is a motion by plaintiff D.B. Zwirn Special Opportunities Fund, L.P. to strike the jury demand of defendant Brin Investment Corporation. After oral argument, the parties submitted supplemental memoranda, which I have reviewed.

In this motion, D.B. Zwirn asks me to strike Brin Investment's jury demand, based on a jury waiver provision in an asset management...

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