Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

ROGER HARTLEY, plf-app, v. AMALGAMATED BANK OF NEW YORK, def-res

16-419. ROGER HARTLEY, plf-app, v. AMALGAMATED BANK OF NEW YORK, def-res — Amended judgment (Verna L. Saunders, J.), entered September 22, 2015, affirmed, without costs.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

16-419. ROGER HARTLEY, plf-app, v. AMALGAMATED BANK OF NEW YORK, def-res — Amended judgment (Verna L. Saunders, J.), entered September 22, 2015, affirmed, without costs.

A judgment rendered in the Small Claims Part of the Civil Court will be sustained on appeal unless it is shown that “substantial justice” has not been done between the parties according to the rules and principles of substantive law (CCA 1807; see Williams v. Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). Applying that limited standard of review here, we find no basis to disturb the judgment of the trial court dismissing plaintiff’s claims after a full trial. The record supports Civil Court’s finding that plaintiff failed to prove any misconduct or other causal connection between defendant bank’s handling of the wire transfer and plaintiffs failure to receive the goods he ordered from a nonparty vendor, particularly since the evidence establishes that the funds were received by the intended nonparty vendor with whom plaintiff had been dealing. The trial court properly rejected plaintiff’s attempt to impose liability for the nondelivery of the goods on defendant bank, which merely transferred the funds at plaintiff’s direction.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
Go to Events Go to Webcasts
Litigation Associate

Company DescriptionCruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP is a national law firm, seeking an associate for its Bergen Co...


Apply Now ›
GENERAL MAGISTRATE - FLORIDA

11TH Judicial Circuit of Florida is accepting applications for a General Magistrate. Under the direction of the Administrative General Magis...


Apply Now ›
Associate

DURKIN & DURKIN, LLC a well-established firm is actively seeking an associate with experience in defense litigation. Very competitive sa...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements