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HARTSKO FINANCIAL SERVS., LLC v. JPMORGAN CHASE BANK, N.A.

14155, 653251/12.

125 A.D.3d 448 (2015)

999 N.Y.S.2d 740

HARTSKO FINANCIAL SERVICES, LLC, Appellant, v. JPMORGAN CHASE BANK, N.A., Respondent.

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

Decided February 5, 2015.

Whether the first cause of action is denominated negligence or gross negligence, it was correctly dismissed because defendant had no duty to plaintiff independent of the contract formed when the account was opened (Stella Flour & Feed Corp. v National City Bank of N.Y., 285 App Div 182 [1st Dept 1954], affd 308 N.Y. 1023 [1955]).

Plaintiff is correct that the motion court should not have denied its request for leave...

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