B.B.C.F.D., S.A. v. Bank Julius Baer & Co.

Defendants concede that the statute of repose (UCC 4-A-505) does not bar all plaintiffs’ claims, since some of the claims involve certain items that do not constitute “funds transfers” within the meaning of UCC article 4-A. However, those claims to which the statute of repose applies must be dismissed as time-barred (see Regatos v North Fork Bank, 5 NY3d 395, 402-403 [2005]).

The evidence establishes that plaintiff Bijan Nassi reviewed *379the bank statements himself for a period of more than 12 years and neither objected to the funds transfers nor consulted with his own accountants or financial…