INTL. STRATEGIES GROUP LTD. v. ABN AMRO BANK N.V.

No. 601604/2004.

2005 NY Slip Op 30421 (U)

INTERNATIONAL STRATEGIES GROUP LTD., on its own behalf, as a Federal Court Ordered Assignee of the Rights of Henry Pearlberg, Individually and as Trustee of Swan Trust, and James F. Pomeroy, II, assignors, Plaintiff, v. ABN AMRO BANK N.V. and FIRST MERCHANT BANK OSH LTD., Defendants.

Supreme Court, New York County.

February 8, 2005.


DECISION and ORDER

KARLA MOSKOWITZ, Judge.

This case requires the court to analyze whether a bank has any duty to a non-signatory to an account. Based on the current law in New York State and plaintiff's pleading, the court is constrained to dismiss the complaint against the movant bank because it had no duty despite the egregious fraud to which plaintiff fell victim and the bank's lack of monitoring that furthered that fraud.

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