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MA v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.

Docket No. 08-4828-cv.

597 F.3d 84 (2010)

Youxin MA, Plaintiff, George Brothers Investment Co. Ltd. and Covina 2000 Ventures Corp., Plaintiffs-Appellants, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Defendant-Appellee, Irene S. Ng, Defendant.

United States Court of Appeals, Second Circuit.

Decided: March 2, 2010.

Attorney(s) appearing for the Case

David Francescani (Karolina Jesien, on the brief), Fish & Richardson P.C., New York, NY, for Plaintiffs-Appellants George Brothers Investment Co. Ltd. and Covina 2000 Ventures Corp.

Lawrence E. Fenster (Lawrence D. Ross and Matthew C. Plant, on the brief), Bressler Amery & Ross, P.C., New York, NY, for Defendant-Appellee Merrill Lynch, Pierce, Fenner & Smith, Inc.

Before DENNIS JACOBS, Chief Judge, B.D. PARKER, Circuit Judge, NICHOLAS TSOUCALAS, Judge, Court of International Trade.

BARRINGTON D. PARKER, Circuit Judge:

This appeal, arising from a judgment of the United States District Court for the Southern District of New York (Cote, J.), requires us to consider whether the New York Uniform Commercial Code Section 4-A-505, which imposes a one-year statute of repose on certain claims based on electronic funds transfers, bars Plaintiffs-Appellants' common law claims, which have longer limitations periods. The District Court concluded that...

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