MOFFATT v. JP MORGAN CHASE BANK

10643, 651615/10.

110 A.D.3d 431 (2013)

972 N.Y.S.2d 39

2013 NY Slip Op 6316

ANDREW P. MOFFATT, Individually and Derivatively on Behalf of DISPATCH TRANSPORTATION CORP., Appellant, v. JP MORGAN CHASE BANK, Respondent.

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

Decided October 1, 2013.


Order, Supreme Court, New York County (Eileen Bransten, J.), entered January 10, 2012, which, insofar as appealed from, granted defendant's motion to dismiss the fifth cause of action for fraud, fraudulent misrepresentation and deceit pursuant to CPLR 3211 (a) (7), unanimously affirmed, without costs.

Plaintiff, suing, individually and derivatively on behalf of Dispatch Transportation Corp. (DTC), alleges that defendant, through one of its employees, aided his former...

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