| Gabriel Capital, L.P. v CAIB Investmentbank Aktiengesell- schaft, &c. |
| Motion No: 161 |
| Slip Opinion No: 2007 NYSlipOp 68318 |
| Decided on May 1, 2007 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |