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330 ACQUISITION CO., LLC v. REGENCY SAVINGS BANK, F.S.B.

306 A.D.2d 154 (2003)

761 N.Y.S.2d 185

330 ACQUISITION CO., LLC, Respondent, v. REGENCY SAVINGS BANK, F.S.B., Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 19, 2003.

Defendant in its fourth counterclaim alleges that its predecessor in interest was owed a fiduciary duty by plaintiff's predecessor in interest, both predecessors in interest having participated as obligees in connection with the same loan. As a general matter, banks who participate in loans together are not fiduciaries, but act at arm's length (see Banque Arabe et Internationale D'Investissement v Maryland Natl. Bank, 57 F.3d 146,...

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