PHIL & KATHY'S, INC. v. SAFRA NAT. BANK OF NEW YORK

No. 06 CV 4916 (LBS).

595 F.Supp.2d 330 (2009)

PHIL & KATHY'S, INC., Plaintiff, v. SAFRA NATIONAL BANK OF NEW YORK, Defendant.

United States District Court, S.D. New York.

February 2, 2009.


Attorney(s) appearing for the Case

Lewis Donald Prutzman, Jr., Tannenbaum Helpem Syracuse & Hirschtritt LLP, New York, NY, Thomas J. Verticchio, Patzik Frank & Samotny, LTD., Chicago, IL, for Plaintiff.

Barry R. Fischer, Fischer & Mandell LLP, New York, NY, for Defendant.


AMENDED OPINION

ORIGINAL OPINION DATED NOVEMBER 6, 2006

SAND, District Judge.

Plaintiff Phil & Kathy's, Inc. filed this suit seeking to recover $1,500,000 it claims was erroneously deposited into an account and disbursed to a third party by defendant Safra National Bank. Defendant's motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure calls on this Court to determine whether upon a bank's receipt of a payment...

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