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ERA CAPITAL L.P. v. SOLEIL CHARTERED BANK

Index No. 651984/19. Appeal No. 345. Case No. 2023-00579.

216 A.D.3d 592 (2023)

190 N.Y.S.3d 325

2023 NY Slip Op 02845

ERA Capital L.P., Appellant-Respondent, v. Soleil Chartered Bank et al., Defendants, and Regions Bank, Respondent-Appellant.

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

Decided May 30, 2023.

Attorney(s) appearing for the Case

Frydman LLC, New York (David S. Frydman of counsel), for appellant-respondent.

McGlinchey Stafford PLLC, New York (Mikelle V. Bliss of counsel), and Garbett, Allen & Roza, P.A., Miami, FL (Brian P. Yates, of the bar of the State of Florida, admitted pro hac vice, of counsel), for respondent-appellant.

Concur—Kern, J.P., Friedman, Kennedy, Scarpulla, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Melissa A. Crane, J.), entered January 11, 2023, which granted defendant Regions Bank's (Regions) motion for summary judgment in part and dismissed plaintiff's breach of fiduciary duties claim, and denied Regions's motion for summary judgment on plaintiff's negligent misrepresentation claim, unanimously affirmed, without costs.

The fiduciary duty claim was appropriately dismissed, as there is no evidence in the record showing...

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