Legal Opinion · Dissent

Ads Associates Group, Inc. v. Oritani Savings Bank (069987)

Supreme Court of New Jersey

Decided September 30, 2014No. A-114-11Published

1DissentJustice Albin

Today, the majority announces that a bank can make material misrepresentations to a party, facilitate the fleecing of the party by his partner, and yet have no accountability and face no liability. The majority comes to that fundamentally unjust result by a crabbed reading of the Uniform Commercial Code (UCC), by ignoring UCC jurisprudence, and by consigning to irrelevance one *526of our recent precedents, City Check Cashing Inc. v. Mfrs. Hanover Trust Co., 166 N.J. 49, 62, 764 A.2d 411 (2001), which allows for common-law causes of action against banks for negligent misrepresentation. I do not…

2Cases cited21 opinions

  1. Printing Mart-Morristown v. Sharp Electronics Corp.Supreme Court of New Jersey · 1989
  2. Fischer & Mandell LLP v. Citibank, N.A.Court of Appeals for the Second Circuit · 2011
  3. Petrillo v. BachenbergSupreme Court of New Jersey · 1995
  4. Eric Eisenberg v. Wachovia Bank, N.A.Court of Appeals for the Fourth Circuit · 2002
  5. Ma v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Second Circuit · 2010

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