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CONCORD CAPITAL MANAGEMENT, LLC v. BANK OF AMERICA

Nos. 8931, 650478/10, 8932.

102 A.D.3d 406 (2013)

958 N.Y.S.2d 93

2013 NY Slip Op 11

CONCORD CAPITAL MANAGEMENT, LLC, et al., Appellants, v. BANK OF AMERICA., N.A., as Successor in Interest to LASALLE BANK, NATIONAL ASSOCIATION, et al., Respondents, et al., Defendant.

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

Decided January 3, 2013.

"The doctrine of in pari delicto mandates that the courts will not intercede to resolve a dispute between two wrongdoers" (Kirschner v KPMG LLP, 15 N.Y.3d 446, 464 [2010]). "The justice of the in pari delicto rule is most obvious where a willful wrongdoer is suing someone who is alleged to be merely negligent" (id.), such as defendant Bank of America, N.A. It is true that defendant Fifth Third Bank is alleged to have acted...

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