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CELLE v. BARCLAYS BANK P.L.C.

48 A.D.3d 301 (2008)

851 N.Y.S.2d 500

CARLOS D. CELLE, as Power of Attorney and on Behalf of MISANO, INC., Appellant, v. BARCLAYS BANK P.L.C. et al., Respondents.

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

Decided February 19, 2008.

The court properly dismissed the complaint in this action where plaintiff, the holder of three nondiscretionary accounts, which were maintained by Barclays Private Bank and transferred to Royal Bank of Canada Global Private Banking (RBC), asserted causes of action for, inter alia, breach of contract, breach of fiduciary duty, fraud and promissory estoppel, based on allegations that defendants mishandled the accounts. Plaintiff's allegation that oral instructions were disregarded...

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