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MUFG UNION BANK, N.A. v. AXOS BANK

Index No. 652474/19. Appeal No. 13774. Case No. 2020-03991.

196 A.D.3d 442 (2021)

2021 NY Slip Op 04414

MUFG Union Bank, N.A., Formerly Known as Union Bank, N.A., Respondent, v. Axos Bank, Formerly Known as Bank of Internet USA, et al., Appellants.

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

Decided July 15, 2021.

Attorney(s) appearing for the Case

Anderson Kill, PC, New York ( Jeremy E. Deutsch of counsel), for Axos Bank, Axos Fiduciary Services, Axos Nevada, LLC and Seller Sub, LLC, appellants.

Weil, Gotshal & Manges LLP, New York ( Zachary D. Tripp of counsel), for Epiq Systems, Inc., appellant.

Pillsbury Winthrop Shaw Pittman LLP, New York ( David G. Keyko of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Singh, Kennedy, JJ.

Plaintiff MUFG Union Bank (Union) and defendant Epiq entered into a Joint Services Agreement (JSA) in 2012 "to jointly promote their products and services to bankruptcy and insolvency professionals." The JSA contemplated customers entering into separate "End-User" agreements with Union and Epiq, providing that Union would deliver deposit and other banking services and Epiq would provide software services to parties deemed to be...

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