A.N.R. INVESTMENT COMPANY LTD. v. HSBC PRIVATE BANK

653196/14 16742 16741

135 A.D.3d 632 (2016)

25 N.Y.S.3d 78

2016 NY Slip Op 00575

A.N.R. INVESTMENT COMPANY LTD. et al., Respondents-Appellants, v. HSBC PRIVATE BANK, Appellant-Respondent.

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

Decided January 28, 2016.


In 2003, plaintiffs opened private banking accounts with defendant HSBC. Plaintiffs used their HSBC accounts to invest hundreds of thousands of dollars in shares of Fairfield Sentry Limited (Sentry), an off-shore Madoff "feeder fund" — a hedge fund that invested nearly all of its assets with Bernard L. Madoff Investment Securities LLC. Plaintiffs became beneficial owners of the Sentry shares and thus came to have exclusive rights to any investment returns, interests...

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