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CHARTERED BANK v. AMER. TRUST CO.

48 Misc.2d 314 (1965)

Chartered Bank, Plaintiff, v. American Trust Company, Defendant.

Supreme Court, Special Term, New York County.

November 4, 1965

Attorney(s) appearing for the Case

Tenzer, Greenblatt, Fallon & Kaplan and Schultz & Epstein for defendant. Goldstein, Judd & Gurfein for plaintiff.

CHARLES MARKS, J.

Motion by defendant American Trust Company (American) pursuant to CPLR 3211 (subd. [a], par. 7) to dismiss the second amended complaint for failure to state a cause of action is granted. The facts asserted by the plaintiff for seeking recovery of $562,354.36 based upon two causes of action sounding in "gross negligence amounting to commercial bad faith" are as follows:

During the 18...

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