(Download) "Mbf Clearing Corp." by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Mbf Clearing Corp.
- Author : Supreme Court of New York
- Release Date : January 28, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Order, Supreme Court, New York County (Herman Cahn, J.), entered on or about August 26, 1993, which, inter alia, granted defendants' motion for summary judgment pursuant to CPLR § 3212 dismissing the verified amended complaint as against defendants William J. O'Brien, Bibi Baksh, Saheed Baksh, John P. Nesbitt and Denise M. Fahey (""defendants"") and which denied the motion by defendant O'Brien for an award of sanctions and attorneys' fees against the plaintiff and its counsel, unanimously affirmed, without costs. The IAS court properly awarded summary judgment in favor of the defendants dismissing the first through fourth causes of action of the amended complaint for conspiracy to breach a contract, intentional misrepresentation, conspiracy to defraud, conversion and failure to recompense for fraudulent activities as against those defendants because plaintiff failed to produce evidentiary proof, in admissible form, with respect to whether the defendants had committed any acts which breached a Customer Agreement with the plaintiff for the establishment and operation of a commodities account, sufficient to establish the existence of material issues of fact requiring a trial (Zuckerman v. City of New York, 49 N.Y.2d 557, 562, 427 N.Y.S.2d 595, 404 N.E.2d 718).
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