News & Noteworthy

Case Development - Rob Wilk and Taila Martin Win Dismissal of Complaint Brought Against Large Northeast Bank
MARCH 08, 2013

Rob Wilk (Associate, New York) and Taila Martin (Associate, New York) obtained the dismissal of an action brought against one of the northeast's largest banks.

In an action commenced in the New York Supreme Court by another financial institution, the Complaint alleged that the bank acted wrongfully by depositing a large check containing a fraudulent endorsement into a customer's business checking account. The plaintiff sought indemnification and substantial money damages against the bank on various theories, including breach of the Uniform Commercial Code, breach of contract, conversion, negligence, and unjust enrichment.

Rob and Taila's arguments in support of the bank's dispositive Motion persuaded the court, resulting in the judge finding that the other financial institution lacked standing to bring the action, and that its various claims against the bank were either time-barred or failed to state a cause of action. The bank's Motion was granted, and the Complaint was dismissed.

The March 26th New York Law Journal highlighted the case in its "Decisions of Interest" section, which can be read here.

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