ASR Levensverzekering NV v. reithorn ABS Funding PLC

Judgment, Supreme Court, New York County (Barbara R. Kapnick, J.), entered December 5, 2011, dismissing the complaint as against defendants Swiss Re Financial Products Corporation and Bank of New York Mellon Corporation, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered October 17, 2011, which granted said *557defendants’ motion to dismiss, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Plaintiffs’ breach of contract and breach of the covenant of good faith and fair dealing claims were correctly dismissed since plaintiffs…