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WINKLER v. BATTERY TRADING, INC.

2010-09174.

89 A.D.3d 1016 (2011)

934 N.Y.S.2d 199

2011 NY Slip Op 8586

JEROME WINKLER et al., Respondents, v. BATTERY TRADING, INC., et al., Defendants, and JP MORGAN CHASE BANK, N.A., as Successor to WASHINGTON MUTUAL BANK, Appellant.

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

Decided November 22, 2011.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant JP Morgan Chase Bank, N.A., as successor to Washington Mutual Bank, pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it is granted.

The complaint alleged that, in or around late 2006 and early 2007, the plaintiffs loaned the total sum of $656,727 to the defendant Battery Trading, Inc. (hereinafter BTI), an alleged "shell" corporation. The complaint...

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