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B.B.C.F.D., S.A. v. BANK JULIUS BAER & CO. LTD.

49 A.D.3d 378 (2008)

852 N.Y.S.2d 771

B.B.C.F.D., S.A., et al., Respondents, v. BANK JULIUS BAER & CO. LTD. et al., Appellants, et al., Defendants.

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

Decided March 13, 2008.

Defendants concede that the statute of repose (UCC 4-A-505) does not bar all plaintiffs' claims, since some of the claims involve certain items that do not constitute "funds transfers" within the meaning of UCC article 4-A. However, those claims to which the statute of repose applies must be dismissed as time-barred (see Regatos v North Fork Bank, 5 N.Y.3d 395, 402-403 [2005]).

The evidence establishes that plaintiff Bijan...

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