First American Bank v. Fink

Appellate Division of the Supreme Court of New York

First American Bank v. Fink

183 A.D.2d 437

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 7, 1992

StatusPublished

This text of 183 A.D.2d 437 (First American Bank v. Fink) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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First American Bank v. Fink, 183 A.D.2d 437 (N.Y. Ct. App. 1992).

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Opinion

— Order, Supreme Court, New York County (Shirley Fingerhood, J.) entered October 26, 1991, which, insofar as appealed from, denied defendants-appellants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

We agree with the IAS court that material questions of fact exist, particularly with respect to the element of scienter. We would also point out that while defendant Fink may not have affirmatively misrepresented any information to plaintiff, nondisclosure is often tantamount to such in situations such as this (see, e.g., Noved Realty Corp. v A. A. P. Co., 250 App Div 1). Concur — Sullivan, J. P., Rosenberger, Wallach, Ross and Kassal, JJ.

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— Order, Supreme Court, New York County (Shirley Fingerhood, J.) entered October 26, 1991, which, insofar as appealed from, denied defendants-appellants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

We agree with the IAS court that material questions of fact exist, particularly with respect to the element of scienter. We would also point out that while defendant Fink may not have affirmatively misrepresented any information to plaintiff, nondisclosure is often tantamount to such in situations such as this (see, e.g., Noved Realty Corp. v A. A. P. Co., 250 App Div 1). Concur — Sullivan, J. P., Rosenberger, Wallach, Ross and Kassal, JJ.

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183 A.D.2d 437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-american-bank-v-fink-nyappdiv-1992.

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