Tauber v. Bankers Trust Co.

OPINION OF THE COURT

Sullivan, J. P.

On this appeal from the denial of summary judgment in favor of defendant Bankers Trust Company and cross appeal from the dismissal of the second and third causes of action of the amended complaint alleging breach of fiduciary duty and negligence, respectively, the issue is whether material issues of fact exist as to plaintiff’s claim that the bank improperly refused to close out certain foreign currency swap transactions between the parties.

Plaintiff, a sophisticated currency trader with Bankers Trust and other institutions, entered into an Interest Rate and…