UBS Sec. LLC & UBS AG, London Branch v Highland Capital Mgt., L.P. - Highland CDO Opportunity Masters Fund, L.P. - Highland Special Opportunities Holding Co.

Motion No: M-4092

Slip Opinion No: 2010 NY Slip Op 84269(U)

Decided on October 5, 2010

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

October 5, 2010

UBS Securities LLC and UBS AG, London Branch v Highland Capital Management, L.P. - Highland CDO Opportunity Masters Fund, L.P. - Highland Special Opportunities Holding Company

(And another action) Appeal and cross appeal consolidated, as indicated.

Before: DeGrasse, J.P., Freedman, Richter, Manzanet-Daniels, Román, JJ.

Motion No. M-4092