Appellate Division of the Supreme Court of the State of New York May 26, 2005 (HFTP Investments, L.L.C. v. Grupo Tmm, S.A.)

*370Order and judgment (one paper), Supreme Court, New York County (Ira Gammerman, J.H.O.), entered June 28, 2004, upon the parties’ respective motions for summary judgment, insofar as appealed from, declaring in plaintiff investors’ favor that, as provided in section 8 (f) of certain note linked securities (NLS) sold to plaintiffs by defendant company, defendant publicly announced pending,