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September 13, 2019
Bank Holding Company Not Liable for Acts of its Banking Subsidiary
On September 5, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
December 12, 2018
Court Lacks Subject Matter Jurisdiction Over Claim Against Foreign Bank By Non-Resident
On November 28, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
November 18, 2016
Once Wire Transfer Request is Accepted, Funds Become Property of the Beneficiary
On November 15, 2016, the First Department issued a decision in Bayerische Hypo-Und Vereinsbank AG v… Read More
August 10, 2016
Not Maintaining Security Deposit in New York Bank Branch Violates GOL § 7-103; No Damages
On August 5, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
January 9, 2016
Bank Has Right to Charge Back Cashier's Check That Did Not Clear
On December 30, 2015, the Second Department issued a decision in Law Offices of Alexander E. Sklavos… Read More
May 5, 2015
Litigant Ordered to Use Hague Convention to Obtain Foreign Bank Documents
On April 28, 2015, the First Department issued a decision in Peters v. Peters, 2015 NY Slip Op. 0348… Read More
March 24, 2015
First Department Analyzes Strict Compliance Requirement for Letters of Credit
On March 19, 2015, the First Department issued a decision in Ladenburg Thalmann & Co, Inc. v. Si… Read More
March 21, 2015
First Department Analyzes Rules for Interpreting Letters of Credit
On March 17, 2015, the First Department issued a decision in BasicNet S.p.A. v. CFP Servs. Ltd., 201… Read More
March 1, 2015
Lawyer Victim of Fake Foreign Client Scam
On February 11, 2015, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
November 9, 2014
Separate Entity Rule Prevents Garnishment of Assets in Foreign Bank Through its New York Branch
On October 23, 2014, the Court of Appeals issued a decision in Motorola Credit Corp. v. Standard Cha… Read More
May 13, 2014
Parties Can Modify UCC-Mandated Time for Customer to Notify Bank of Improperly Paid Item if the Modification is Not Manifestly Unreasonable
On May 8, 2014, the Court of Appeals issued a decision in Clemente Brothers Contracting Corp. v. Haf… Read More
May 7, 2014
Bank Must Honor Cashier's Check Absent Fraud or Check Being Lost, Stolen, or Destroyed
On May 6, 2014, the Court of Appeals issued a decision in Golden v. Citibank, N.A., 2014 NY Slip Op.… Read More
February 8, 2014
Justice Kapnick Gives Qualified Approval to $8.5 billion Settlement of Mortgage-Backed Securities Claims
On January 31, 2014, former New York County Commercial Division Justice Barbara Kapnick (now sitting… Read More
October 9, 2013
Court of Appeals Arguments of Interest for the Week of October 14, 2013
Upcoming arguments in the Court of Appeals that may be of interest to Commercial Division practition… Read More