Legal Opinion

Commerce Bank v. Bank of New York Mellon

Appellate Division of the Supreme Court of the State of New York

Decided July 5, 2016No. 651967/14 -651442/11 1656 1655 1654PublishedCited by 15 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered June 18, 2013, which, insofar as appealed from as limited by the briefs, granted defendant’s motion to dismiss the breach of fiduciary duty claim and denied the motion as to the negligence claim, unanimously modified, on the law, to grant the motion as to so much of the negligence claim as is based on subparagraphs 139 (b) and (f) of the amended complaint, and otherwise affirmed, without costs. Order, same court (Saliann Scarpulla, J.), entered on or about July 24, 2015, which, insofar as appealed from as limited by the…

2Cases cited10 opinions

  1. Ellington Credit Fund, Ltd. v. Select Portfolio Servicing, Inc.District Court, S.D. New York · 2011
  2. Retirement Board of the Policemen's Annuity & Benefit Fund v. Bank of New York MellonCourt of Appeals for the Second Circuit · 2014
  3. AG Capital Funding Partners, L.P. v. State Street Bank & Trust Co.New York Court of Appeals · 2008
  4. Beck v. Manufacturers Hanover Trust Co.Appellate Division of the Supreme Court of the State of New York · 1995
  5. Telerep, LLC v. U.S. International Media, LLCAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by15 opinions

  1. BlackRock Allocation Target Shares v. Wells Fargo BankDistrict Court, S.D. New York · 2017
  2. Commerzbank AG v. U.S. Bank National Ass'nDistrict Court, S.D. New York · 2017
  3. New Gold Equities Corp. v. Jaffe Spindler Co.New Jersey Superior Court Appellate Division · 2018
  4. W. & S. Life Ins. Co. v. Bank of New York MellonOhio Court of Appeals · 2019
  5. NMC Residual Ownership L.L.C. v. U.S. Bank N.A.Appellate Division of the Supreme Court of the State of New York · 2017

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