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M&T BANK CORPORATION v. GEMSTONE CDO VII, LTD.

1552 CA 09-01402

68 A.D.3d 1747 (2009)

2009 NY Slip Op 9848

891 N.Y.S.2d 578

M&T BANK CORPORATION, Respondent, v. GEMSTONE CDO VII, LTD., et al., Defendants, and DEUTSCHE BANK SECURITIES, INC., et al., Appellants.

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

Decided December 30, 2009.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting those parts of the motion of defendants Deutsche Bank Securities, Inc. and Deutsche Bank AG seeking dismissal of the third, fifth and sixth causes of action against defendant Deutsche Bank Securities, Inc. and dismissing those causes of action against that defendant and by granting those parts of the motion of defendants HBK Investments, LP, HBK Partners II LP, and HBK Management...

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