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ROGERS REVOCABLE TRUST U/A/D 12/31/81 v. BANK OF AMERICA, N.A.

64 A.D.3d 401 (2009)

881 N.Y.S.2d 297

THE ROGERS REVOCABLE TRUST U/A/D 12/31/81, Appellant-Respondent, v. BANK OF AMERICA, N.A., Respondent-Appellant.

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

Decided July 2, 2009.

The calculation of the postmerger adjustment was not manifest error (see Structured Credit Partners v Paine-Webber Inc., 306 A.D.2d 132 [2003]), and the trial court fairly interpreted the evidence in concluding that it was not done in bad faith (see Thoreson v Penthouse Intl., 80 N.Y.2d 490, 495 [1992]). It was commercially reasonable for defendant to account for its increased risk as a...

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