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UNDERGROUND UTILITIES INC. v. JP MORGAN CHASE BANK, N.A.

NO. 653124/14, 3250

147 A.D.3d 702 (2017)

48 N.Y.S.3d 140

2017 NY Slip Op 01513

UNDERGROUND UTILITIES INC., Appellant, v. JP MORGAN CHASE BANK, N.A., Respondent.

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

Decided February 28, 2017.

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered January 29, 2016, which, in this action alleging breach of fiduciary duty, granted defendant's motion to dismiss the complaint, unanimously affirmed, with costs.

The Custodial Service Agreement submitted with the motion to dismiss "flatly rejected" plaintiff's allegations, and thus dismissal was warranted (Basis Yield Alpha Fund [Master] v Goldman Sachs Group, Inc., 115...

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