Legal Opinion
330 Acquisition Co. v. Regency Savings Bank, F.S.B.
Appellate Division of the Supreme Court of the State of New York
Decided June 19, 2003PublishedCited by 4 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or *155about April 11, 2002, which, to the extent appealed from, granted plaintiff’s motion pursuant to CPLR 3211, dismissing defendant’s fourth counterclaim for breach of fiduciary duty, unanimously affirmed, with costs.
Defendant in its fourth counterclaim alleges that its predecessor in interest was owed a fiduciary duty by plaintiffs predecessor in interest, both predecessors in interest having participated as obligees in connection with the same loan. As a general matter, banks who participate in loans together are not…
2Cases cited4 opinions
- Meinhard v. SalmonNew York Court of Appeals · 1928
- Banque Arabe et Internationale D'Investissement v. Maryland National BankCourt of Appeals for the Second Circuit · 1995
- Northwestern National Insurance v. AlbertsDistrict Court, S.D. New York · 1991
- Banco Espanol De Credito v. Security Pacific National BankDistrict Court, S.D. New York · 1991
3Cited by4 opinions
- Intellivision v. Microsoft Corp.District Court, S.D. New York · 2011
- M&T Bank Corp. v. Gemstone CDO VII, Ltd.Appellate Division of the Supreme Court of the State of New York · 2009
- Kings Medical Management, Inc. v. Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, P.C.Appellate Division of the Supreme Court of the State of New York · 2010
- Petra Mortgage Capital Corp. v. Amalgamated BankAppellate Division of the Supreme Court of the State of New York · 2012