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COMPTROLLER v. BANK OF N.Y.

Index No. 114735/09. Appeal No. 14473. Case No. 2020-04037.

200 A.D.3d 58 (2021)

2021 NY Slip Op 06033

COMPTROLLER OF THE CITY OF NEW YORK et al., Respondents, and STATE OF NEW YORK ex rel. FX ANALYTICS, Appellant, v. THE BANK OF NEW YORK MELLON CORP. et al., Defendants.

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

Decided November 4, 2021.

Attorney(s) appearing for the Case

Storch Byrne LLP, New York City ( Edward P. Dolido and Steven G. Storch of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York City ( Philip W. Young and Scott Shorr of counsel), for respondents.

KERN, J.P., OING, MENDEZ and HIGGITT, JJ., concur.

OPINION OF THE COURT

The question on appeal is whether a relator whose claims under the False Claims Act, State Finance Law §§ 187 et seq. (the NYFCA), were dismissed for failure to state a cause of action is nevertheless entitled to compensation under the NYFCA.

The NYFCA "promot[es] a general policy...

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