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THOMPSON v. PETERS

No. 483 CA 20-00777.

197 A.D.3d 929 (2021)

153 N.Y.S.3d 311

2021 NY Slip Op 04832

Coreen N. Thompson, Individually and as C.T.A. of the Estate of David C. Peters, Deceased, et al., Respondents, v. Thomas Peters et al., Defendants, and Bank of America Corporation, Appellant.

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

Decided August 26, 2021.

Attorney(s) appearing for the Case

HARRIS BEACH PLLC, PITTSFORD ( PHILIP G. SPELLANE OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAW OFFICES OF JOHN P. BARTOLOMEI & ASSOCIATES, NIAGARA FALLS ( MATTHEW J. BIRD OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Present—Whalen, P.J., Centra, Peradotto, Lindley and DeJoseph, JJ.

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

Memorandum: Plaintiffs commenced this action to recover funds fraudulently transferred from the business bank accounts of David C. Peters (decedent), which were maintained at a branch of defendant Bank of America Corporation (Bank), into a new account opened by defendant Thomas Peters (Thomas) at the Bank. The Bank refused plaintiffs' demand to repay the funds...

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