AOZORA BANK, LTD. v. J.P. MORGAN SECURITIES LLC

1974, 652159/13.

144 A.D.3d 440 (2016)

2016 NY Slip Op 07260

39 N.Y.S.3d 784

AOZORA BANK, LTD., Appellant, v. J.P. MORGAN SECURITIES LLC et al., Respondents.

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

Decided November 3, 2016.


Plaintiff adequately stated a claim for fraud. Defendants failed to show that plaintiff's reliance on statements that the collateral manager would select collateral independently was unreasonable as a matter of law (see generally ACA Fin. Guar. Corp. v Goldman, Sachs & Co., 25 N.Y.3d 1043, 1045 [2015]). The complaint alleges that plaintiff, while aware or on notice of the concentration of Bear Stearns underwritten assets in the...

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