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Morpheus Capital Advisors LLC v. UBS AG, 109

In an action for breach of contract and breach of the covenant of good faith and fair dealing, defendant is entitled to dismissal of the complaint, where: 1) the financial brokerage agreement at issue here gave plaintiff-broker a standard exclusive agency with defendant, not an exclusive right to sell the assets; and therefore, 2) plaintiff-broker had no right to a commission when defendant transferred certain distressed assets to a fund created by the Swiss National Bank as part of a 2008 bailout.

Appellate Information

  • Decided 06/10/2014
  • Published 06/10/2014

Judges

  • LIPPMAN

Court

  • Court of Appeals of New York

Counsel

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