On June 28, 2012 a
Motion-Secondary
was filed
involving a dispute between
One William Street Capital Management L.P.,
One William Street Capital Master Fund, Ltd.,
Ows Abs Master Fund Ii, L.P.,
and
Bank Of New York,
Dr. Henry Howard,
Kildare Capital, Inc.,
U.S. Education Loan Trust Iv, Llc,
U.S. Education Servicing Llc,
for Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 10/25/2012 INDEX NO. 652274/2012
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 10/25/2012
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------- x
:
ONE WILLIAM STREET CAPITAL MANAGEMENT:
L.P., : Index No. 652274/2012
:
Petitioner, : IAS Part 3
:
-against- : Justice Bransten
:
EDUCATION LOAN TRUST IV, U.S. EDUCATION: AFFIRMATION
LOAN TRUST IV, LLC, BANK OF NEW YORK, AND: OF ERIC N. WHITNEY
KILDARE CAPITAL, INC., :
: Motion Sequence No. 2
Respondents. :
:
--------------------------------------- x
ERIC N. WHITNEY, an attorney duly admitted to practice law in the Courts of the
State of New York, hereby affirms pursuant to CPLR 2106 as follows:
1. I am a Shareholder of the law firm Greenberg Traurig, LLP, attorneys for
Respondent U.S. Education Loan Trust IV, LLC (“USELT”), and submit this affirmation in
further support of USELT’s Motion to Dismiss. I am fully familiar with the facts and
circumstances set forth below.
2. Attached hereto as Exhibit A is a true and correct copy of excerpted pages from
the September 28, 2012 deposition transcript of Melissa A. Hancock.
3. Attached hereto as Exhibit B is a true and correct copy of OWS’s Memorandum
of Law in Support of Petition dated July 19, 2012.
4. Attached hereto as Exhibit C is a true and correct copy of excerpted pages from
the transcript of the Hearing before the Court on October 2, 2012.
Dated: New York, New York /s/ Eric N. Whitney
October 25, 2012 ERIC N. WHITNEY
NY 242577726v2
Document Filed Date
October 25, 2012
Case Filing Date
June 28, 2012
Category
Commercial Division
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FILED: NEW YORK COUNTY CLERK 10/25/2012 INDEX NO. 652274/2012 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 10/25/2012 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------- x : ONE WILLIAM STREET CAPITAL MANAGEMENT: L.P., : Index No. 652274/2012 : Petitioner, : IAS Part 3 : -against- : Justice Bransten : EDUCATION LOAN TRUST IV, U.S. EDUCATION: AFFIRMATION LOAN TRUST IV, LLC, BANK OF NEW YORK, AND: OF ERIC N. WHITNEY KILDARE CAPITAL, INC., : : Motion Sequence No. 2 Respondents. : : --------------------------------------- x ERIC N. WHITNEY, an attorney duly admitted to practice law in the Courts of the State of New York, hereby affirms pursuant to CPLR 2106 as follows: 1. I am a Shareholder of the law firm Greenberg Traurig, LLP, attorneys for Respondent U.S. Education Loan Trust IV, LLC (“USELT”), and submit this affirmation in further support of USELT’s Motion to Dismiss. I am fully familiar with the facts and circumstances set forth below. 2. Attached hereto as Exhibit A is a true and correct copy of excerpted pages from the September 28, 2012 deposition transcript of Melissa A. Hancock. 3. Attached hereto as Exhibit B is a true and correct copy of OWS’s Memorandum of Law in Support of Petition dated July 19, 2012. 4. Attached hereto as Exhibit C is a true and correct copy of excerpted pages from the transcript of the Hearing before the Court on October 2, 2012. Dated: New York, New York /s/ Eric N. Whitney October 25, 2012 ERIC N. WHITNEY NY 242577726v2