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

62 A.D.3d 424 (2009)

878 N.Y.S.2d 54

SKILLED INVESTORS, INC., Plaintiff, v. BANK JULIUS BAER & CO., LTD., et al., Defendants. BANK JULIUS BAER & CO., LTD., Respondent-Appellant, et al., Plaintiff, v. MENACHEM IVCHER et al., Defendants, ECLECTIC HOLDINGS, INC., Respondent, and SYDNEY PLASTICS, INC., Appellant.

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

Decided May 5, 2009.

In opposition to the bank's prima facie showing that it extended loans to both Sydney and Eclectic and that the loans were not repaid (see Takeuchi v Silberman, 41 A.D.3d 336, 336-337 [2007]), Sydney purports to raise issues of fact as to, inter alia, the bank's complicity in a certain underlying Ponzi scheme, the paperwork for the loans, the bank's operational failures, and the authority of a certain individual to borrow money on...

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