Legal Opinion
Sebastian Holdings, Inc. v. Deutsche Bank, AG.
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 2013PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered November 9, 2012, which, to the extent appealed from, granted in part defendant’s motion to dismiss the complaint, unanimously affirmed, with costs.
Plaintiff s sixth and ninth claims for breach of contract arising from unauthorized trades were properly dismissed. The agreements expressly absolved defendant from any liability for unauthorized trades by plaintiffs agent. Indeed, as a general matter, the agent’s knowledge and conduct would have been imputed to plaintiff at any rate, under basic agency principles (Kirschner v…
2Cases cited4 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- Kirschner v. KPMG LLPNew York Court of Appeals · 2010
- Logan Advisors, LLC v. Patriarch Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2009
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