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SKILLED INVESTORS, INC. v. BANK JULIUS BAER & CO., LTD.

62 A.D.3d 424 (2009)

878 N.Y.S.2d 53

SKILLED INVESTORS, INC., Plaintiff, v. BANK JULIUS BAER & CO., LTD., et al., Defendants. BANK JULIUS BAER & CO., LTD., Appellant, et al., Plaintiff, v. BARUCH IVCHER et al., Respondents, et al., Defendants.

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

Decided May 5, 2009.

After the bank settled this action with plaintiff, a victim of a complex Ponzi scheme perpetrated by a now deceased individual, it was assigned all plaintiff's claims against Ivcher and Waxfield. Funds were improperly transferred from plaintiff's account to Ivcher and Waxfield. Thus, standing in the shoes of plaintiff, its assignor, the bank is entitled to summary judgment on its claims against Ivcher and Waxfield for money had and received and unjust enrichment (see Madison...

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