LORELEY FIN. (JERSEY) NO. 28, LTD. v. MERRILL LYNCH, PIERCE, FENNER & SMITH INC.

Index No. 652732/11. Appeal No. 13595. Case No. 2020-03832.

196 A.D.3d 434 (2021)

2021 NY Slip Op 04413

Loreley Financing (Jersey) No. 28, Limited, Appellant, v. Merrill Lynch, Pierce, Fenner & Smith Incorporated et al., Respondents, et al., Defendant.

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

Decided July 15, 2021.


Attorney(s) appearing for the Case

Meister Seelig & Fein LLP, New York ( James M. Ringer of counsel), for appellant.

Cleary Gottlieb Steen & Hamilton LLP, New York ( Roger A. Cooper of counsel), for respondents.

Concur—Renwick, J.P., Moulton, Mendez, JJ.


Dismissal of the fraud claims, on the grounds that plaintiff did not raise issues of fact on the fraud elements of loss causation and justifiable reliance on misrepresentations, was not warranted. As to loss causation, Supreme Court found that plaintiff could not establish that its loss was caused by anything other than the intervening events of the 2008-2009 financial crisis.

Plaintiff argues, among other things, that there were no intervening events between defendants...

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