AMBA CAPITAL VENTURES, INC. v. FARRELL

Index No. 152529/20. Appeal No. 15588. Case No. 2021-03009.

203 A.D.3d 593 (2022)

162 N.Y.S.3d 723

2022 NY Slip Op 02054

Amba Capital Ventures, Inc., et al., Respondents, v. David Farrell, Defendant, and Signature Bank, Appellant.

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

Decided March 24, 2022.


Attorney(s) appearing for the Case

Meyner and Landis LLP, New York ( Matthew P. Dolan of counsel), for appellant.

Chipman Brown Cicero & Cole, LLP, New York ( Adam D. Cole of counsel), for respondents.

Concur—Kern, J.P., Moulton, Rodriguez, Pitt, Higgitt, JJ.


The time limitation provision in the parties' account agreements do not conclusively relate to the claims asserted. The time limitation provisions provide that plaintiffs would be required to commence any legal action or proceeding against Signature "with respect to any Account or this Agreement" within one year. The allegations in the complaint, however, are not conclusively tethered to any such "Account" or the "Agreement," but instead involve "hard money" loans and investments...

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