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BANCO POPULAR NO. AMERICA v. GANDI

876 A.2d 253 (2005)

184 N.J. 161

BANCO POPULAR NORTH AMERICA, Plaintiff-Appellant and Cross-Respondent, v. Suresh GANDI a/k/a Suresh Gandhi, Madhu S. Gandi a/k/a Madhu S. Gandhi, Defendants, and Richard P. Freedman, Esq., Angelini, Viniar & Freedman, a New Jersey General Partnership, Michael A. Angelini, Esq., a Partner, and Carl B. Viniar, Esq., a Partner, Defendants-Respondents and Cross-Appellants.

Supreme Court of New Jersey.

Decided June 27, 2005.

Attorney(s) appearing for the Case

Samuel Feldman, Roseland, argued the cause for appellant and cross-respondent (Orloff, Lowenbach, Stifelman & Siegel, attorneys).

Lance J. Kalik, Morristown, argued the cause for respondents and cross-appellants (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Mr. Kalik, Ronald Z. Ahrens and Luciana P. Lalande on the briefs).

Karol Corbin Walker, New York, NY, Past President, argued the cause for amicus curiae New Jersey State Bar Association (Edwin J. McCreedy, Cranford, President, attorney; Ms. Walker and Christopher J. Carey, Morristown, of counsel; Mr. Carey and Kathleen A. Murphy on the briefs).

Justice LONG delivered the opinion of the Court.

This matter involves claims by a bank against an attorney for creditor fraud, common-law fraud, and negligence. Banco Popular North America (the Bank) avers that the attorney assisted his client in transferring assets to defraud a creditor. The Bank's interests are implicated because it issued the client loans before and after the fraudulent transfer, in reliance on the client's representations and on an opinion letter...

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