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SUREFIRE DIVIDEND CAPTURE, LP v. INDUSTRIAL AND COMMERCIAL BANK OF CHINA FIN. SERVS. LLC

Index No. 652507/21. Appeal No. 327. Case No. 2022-02867.

216 A.D.3d 584 (2023)

189 N.Y.S.3d 505

2023 NY Slip Op 02841

SureFire Dividend Capture, LP, Appellant, v. Industrial and Commercial Bank of China Financial Services LLC, Respondent.

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

Decided May 25, 2023.

Attorney(s) appearing for the Case

Oved & Oved LLP, New York ( Glen Lenihan of counsel), for appellant.

Schulte Roth & Zabel LLP, New York ( Elizabeth Curran of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Singh, Moulton, Shulman, Higgitt, JJ.

Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered on or about June 3, 2022, which, to the extent appealed from, granted defendant's motion to dismiss with prejudice the claims for aiding and abetting fraud and aiding and abetting breach of fiduciary duty for lack of standing, unanimously affirmed, with costs.

Defendant met its burden of establishing that plaintiff lacked standing to bring its fraud...

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