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NEW GREENWICH LITIGATION TRUSTEE, LLC v. CITCO FUND SERVICES (EUROPE) B.V.

600498/09, 600469/09, 816.

145 A.D.3d 16 (2016)

2016 NY Slip Op 06796

41 N.Y.S.3d 1

NEW GREENWICH LITIGATION TRUSTEE, LLC, as Successor Trustee of GREENWICH SENTRY, L.P., Appellant, v. CITCO FUND SERVICES (EUROPE) B.V. et al., Respondents, et al., Defendant. NEW GREENWICH LITIGATION TRUSTEE, LLC, as Successor Trustee of GREENWICH SENTRY PARTNERS, L.P., Appellant, v. CITCO FUND SERVICES (EUROPE) B.V. et al., Respondents, et al., Defendant.

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

Decided October 18, 2016.

Attorney(s) appearing for the Case

Milberg LLP, New York City (Robert A. Wallner of counsel), and Seeger Weiss LLP, New York City (Stephen A. Weiss of counsel), for appellant.

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City (Walter Rieman, Andrew G. Gordon and Gregory F. Laufer of counsel), for Citco Fund Services (Europe) B.V. and another, respondents.

Hughes Hubbard & Reed LLP, New York City (William R. Maguire of counsel), for PricewaterhouseCoopers LLP and another, respondents.

Hughes Hubbard & Reed LLP, New York City (Sarah L. Cave and Karen L. Goldberg of counsel), for PricewaterhouseCoopers Accountants N.V., respondent.

Kirkland & Ellis LLP, New York City (Andrew M. Genser of counsel), for PricewaterhouseCoopers LLP, respondent.

ANDRIAS, MANZANET-DANIELS, KAPNICK and GESMER, JJ., concur.

OPINION OF THE COURT

In this appeal, we are asked to decide whether New York law, rather than Delaware law, applies to this corporate litigation resulting from the never ending saga of Bernard L. Madoff's Ponzi scheme. This appeal also raises issues concerning whether plaintiff's claims are precluded by the doctrine of in pari...

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