GlobeOp Financial Services, LLC GlobeOp provided administrative services to Greenwich Sentry.P. Further, according to the scac, PwC did not verify the existence of the transactions of Madoff's so-called split-strike conversion strategy even though PwC represented that it was performing these substantive tests, and had indicated in its Audit Plan that transaction testing of bmis's investment strategy. ) They further allege that the Citco Defendants act together as one integrated entity, that "the individual companies that comprise the Citco Fund Services' division, including the Citco Defendants, are controlled and operated by Citco Group and its director, and function as a part. Schedule 2 Part.) Similarly, the Greenwich Sentry and Greenwich Sentry Partners Administration Agreements state that the Citco Defendants "shall, on behalf of the Fund, issue to Limited Partners trade confirmations with respect to subscriptions, redemptions and transfers in accordance with the applicable Fund Documents.". Knew the Funds advised Plaintiffs and the investment community that the PwC Member Firms audited the Funds' financial statements and had given the Funds "clean" audit reports. In Continental Casualty., the New York Court of Appeals rejected claims asserted by investors in a hedge fund against the fund's auditors as derivative because the investors "experienced their losses in their capacities as limited partners in common with all limited partners." 907.Y.S.2d. 226.) Three months before Madoff's revelation, on September 16, 2008, Vijayvergiya emailed Fairfield Sentry investors that the funds assets were "fully invested in short date.S. Plaintiffs disagree, and assert that the scac alleges specific facts showing actual knowledge. "A holder' action is an action in which the plaintiffs allege that material misrepresentations or omissions caused them to retain ownership of securities that they acquired prior to the alleged foreign exchange rates dollar to peso wrongdoing." In re WorldCom, Inc. Kfpr 0088.9 FM Redding Research Foundation, California State University at Chico kfpt 0790 AM Clovis Fat Dawgs 7 Broadcasting, LLC Deportes kfrb 0091.3 FM Bakersfield Family Stations, Inc.
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18, 2008) (finding that plaintiff alleged no "specific facts that give rise to a strong inference of actual knowledge regarding the underlying fraud" besides defendant's long-standing relationship with the purported perpetrators) (citation and"tion marks omitted). Plaintiffs allege that GlobeOp's failures caused Plaintiffs to invest and maintain their investment in Greenwich Sentry.P. In the present case, a substantial part of the events and actions of the Defendants that gave rise to Plaintiffs' claims occurred within New York. Kmje 0101.5 FM Gridley Results Radio of Chico Licensee, LLC kmjv 0106.3 FM Soledad Wolfhouse Radio Group, Inc. Pursuant to New York law, a third-party asserting rights under a contract must allege that: (1) a valid contract existed, (2) it was intended for the third party's benefit, and (3) that the benefit was immediate, not incidental. Audio Active Ltd., 494.3d 378, 389 (2d Cir.2007) We examine the substance of the plaintiff's claims as they relate to the precise language of the forum selection clause.