DURHAM COMMERCIAL CAPITAL CORP. v. ARUNACHALAM

1277 CA 19-00045.

181 A.D.3d 1348 (2020)

121 N.Y.S.3d 497

2020 NY Slip Op 02024

Durham Commercial Capital Corp., Appellant, v. Krishnan Arunachalam et al., Defendants. Krishnan Arunachalam, Third-Party Plaintiff, v. Bank of America, N.A., Third-Party Defendant-Respondent.

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

Decided March 20, 2020.


It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action asserting in an amended complaint three direct causes of action against third-party defendant Bank of America, N.A. (Bank of America), i.e., fraud and aiding and abetting fraud, negligent misrepresentation, and fraud in the inducement. In those causes of action, plaintiff alleged, inter alia, that Bank of America and/or its employees...

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