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HK CAPITAL LLC v. FEDERAL DEPOSIT INSURANCE CORP.

23cv3775(DLC).

734 F.Supp.3d 288 (2024)

HK CAPITAL LLC, Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver for Signature Bank, et al., Defendants.

United States District Court, S.D. New York.

Signed May 21, 2024.

Attorney(s) appearing for the Case

For the plaintiff HK Capital LLC: Peter Moulinos, Daniel Levinas, Moulinos & Associates LLC, 150 E. 58th Street, 25th Floor, New York, NY 10155.

For the defendants Federal Deposit Insurance Corporation, as Receiver for Signature Bank and as Receiver for Signature Bridge Bank, N.A.: John N. Orsini, Dania Bardavid, Friedman Kaplan Seiler Adelman & Robbins LLP, 7 Times Square, 28th Floor, New York, NY 10036.

For the defendant Federal Deposit Insurance Corporation in its Corporate Capacity: Jason Charles Benton, FDIC, 3501 N. Fairfax Drive, Arlington, VA 22226.

For the defendant Flagstar Bank, NA.: H. Christopher Boehning, David K. Kessler, Meaghan Brennan, Paul, Weiss, Rifkind, Wharton & Garrison LLP, 1285 Avenue of the Americas, New York, NY 10019.

OPINION AND ORDER

HK Capital LLC ("HK Capital") brought this action in 2021 against Signature Bank ("Signature") in connection with the unauthorized transfer of funds in 2018 and 2019 from its account at Signature. Signature became insolvent in 2023, the Federal Deposit Insurance Corporation ("FDIC") became...

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