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

No. 06-5520-CV.

555 F.3d 103 (2009)

PHIL & KATHY'S INC. An Illinois Corp., Plaintiff-Appellant, v. SAFRA NATIONAL BANK OF NEW YORK, A National Banking Association, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 9, 2009.

Attorney(s) appearing for the Case

Thomas J. Verticchio, Swanson, Martin & Bell, LLP, Chicago, IL (L. Donald Prutzman, Tannenbaum Helpern Syracuse & Hirschtritt LLP, New York, NY, on the brief), for Plaintiff-Appellant.

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

Before STRAUB AND HALL, Circuit Judges, and EATON, Judge.

PER CURIAM:

Plaintiff Phil & Kathy's Inc. appeals from a judgment of the United States District Court for the Southern District of New York (Leonard B. Sand, Judge), granting the motion of Defendant Safra National Bank of New York ("Safra") pursuant to Federal Rule of Civil Procedure 12(b)(6).

As set out at greater length by the District Court, the following facts, drawn from Phil & Kathy's Complaint and other documents, are accepted as true...

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