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FPG MAIDEN LANE, LLC v. BANK LEUMI USA

Index No. 653584/20. Appeal Nos. 16909 & M-4418. Case No. 2021-01115.

211 A.D.3d 528 (2022)

181 N.Y.S.3d 44

2022 NY Slip Op 07150

FPG Maiden Lane, LLC, et al., Respondents, v. Bank Leumi USA et al., Appellants.

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

Decided December 15, 2022.

Attorney(s) appearing for the Case

Thompson Coburn Hahn & Hessen LLP, New York ( Steven J. Mandelsberg of counsel), for appellants.

Olshan Frome Wolosky LLP, New York ( Thomas J. Fleming of counsel), for respondents.

Concur—Renwick, J.P., Shulman, Rodriguez, Higgitt, JJ.

Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered on or about March 5, 2021, which denied defendants' motions to dismiss the complaint pursuant to CPLR 3211, unanimously modified, on the law, to grant the motions as to the first through third causes of action, and otherwise affirmed, without costs.

In the first cause of action, FPG Maiden Lane, LLC alleges that Bank Leumi USA (BLUSA) fraudulently induced...

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