Lehman Brothers Financial SA (LEHNQ)

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6
Court’s departure from well-settled New York law governing the calculation of loss-
of-bargain damages, and its departure from the well-settled rules of construction
governing the ISDA Master Agreement, raise legal issues of state-wide and indeed
global public importance, necessitating Court of Appeals review.
LBIE has therefore identified legal errors that this Court appears to have
overlooked or misapprehended, warranting reargument, and that present issues of
significant public importance and conflicting caselaw that ought to be reviewed and
resolved by the Court of Appeals.

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