Networks USA, LLC v. HSBC Bank USA, N.A.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered October 14, 2009, which, to the extent appealed from, denied defendant’s motion to dismiss the sixth, seventh and eighth causes of action, unanimously affirmed, with costs.

Accepting the facts alleged in the complaint as true and according plaintiff the benefit of every possible inference therefrom (Leon v Martinez, 84 NY2d 83, 87-88 [1994]), we find that the complaint sufficiently alleges an express and specific agreement between plaintiff import/export intermediary and defendant bank with respect to the transfer or…