CONCORD CAPITAL MGT., LLC plf-ap, v. BANK OF AMERICA., N.A., ETC. def-res, IRA L. BRODY, def

8931-8932. CONCORD CAPITAL MGT., LLC plf-ap, v. BANK OF AMERICA., N.A., ETC. def-res, IRA L. BRODY, def — Kasowitz, Benson, Torres & Friedman LLP, New York (Jed I. Bergman of counsel), for ap — Schoeman, Updike & Kaufman, New York (Randall G. Sommer of counsel), for Bank of America, N.A., res — Quinn Emanuel Urquhart & Sullivan LLP, New York (Kevin S. Reed of counsel), for Fifth Third Bank, res — Appeal from order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered December 5, 2011, which granted defendants-respondents' motions to dismiss the complaint, deemed appeal from judgment, same court and Justice, entered February 10, 2012, and, so considered, said judgment unanimously affirmed, with costs.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

8931-8932. CONCORD CAPITAL MGT., LLC plf-ap, v. BANK OF AMERICA., N.A., ETC. def-res, IRA L. BRODY, def — Kasowitz, Benson, Torres & Friedman LLP, New York (Jed I. Bergman of counsel), for ap — Schoeman, Updike & Kaufman, New York (Randall G. Sommer of counsel), for Bank of America, N.A., res — Quinn Emanuel Urquhart & Sullivan LLP, New York (Kevin S. Reed of counsel), for Fifth Third Bank, res — Appeal from order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered December 5, 2011, which granted defendants-respondents’ motions to dismiss the complaint, deemed appeal from judgment, same court and Justice, entered February 10, 2012, and, so considered, said judgment unanimously affirmed, with costs.

“The doctrine of in pari delicto mandates that the courts will not intercede to resolve a dispute between two wrongdoers” (Kirschner v. KPMG LLP, 15 NY3d 446, 464 [2010]). “The justice of the in pari delicto rule is most obvious where a willful wrongdoer is suing someone who is alleged to be merely negligent” (id.), such as defendant Bank of America, N.A. It is true that defendant Fifth Third Bank is alleged to have acted willfully; however, in pari delicto “also applies where both parties acted willfully” (id.).

CONCORD CAPITAL MGT., LLC plf-ap, v. BANK OF AMERICA., N.A., ETC. def-res, IRA L. BRODY, def

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal