TILLAGE COMMODITIES FUND, L.P., plf-res, v. SS&C TECHNOLOGIES, INC., def-ap

4117. TILLAGE COMMODITIES FUND, L.P., plf-res, v. SS&C TECHNOLOGIES, INC., def-ap — Davis Polk & Wardwell LLP, New York (Matthew A. Kelly of counsel), for ap — Arkin Solbakken LLP, New York (Lisa C. Solbakken of counsel), for res — Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered December 30, 2016, which, insofar as appealed from, denied defendant's motion to dismiss the breach of contract and breach of the implied covenant of good faith and fair dealing claims, unanimously modified, on the law, to grant the motion as to the breach of contract claim insofar as it is based on defendant's alleged failure to disclose its communications with the defrauding third party, and to grant the motion as to the breach of the implied covenant claim insofar as it is based on defendant's conduct prior to discovery of the fraud, and otherwise affirmed, without costs.

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4117. TILLAGE COMMODITIES FUND, L.P., plf-res, v. SS&C TECHNOLOGIES, INC., def-ap — Davis Polk & Wardwell LLP, New York (Matthew A. Kelly of counsel), for ap — Arkin Solbakken LLP, New York (Lisa C. Solbakken of counsel), for res — Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered December 30, 2016, which, insofar as appealed from, denied defendant’s motion to dismiss the breach of contract and breach of the implied covenant of good faith and fair dealing claims, unanimously modified, on the law, to grant the motion as to the breach of contract claim insofar as it is based on defendant’s alleged failure to disclose its communications with the defrauding third party, and to grant the motion as to the breach of the implied covenant claim insofar as it is based on defendant’s conduct prior to discovery of the fraud, and otherwise affirmed, without costs.

Plaintiff investment fund seeks damages from defendant, its fund administrator, in connection with defendant’s processing of a series of wire transfer requests that were later discovered to be fraudulent. Plaintiff claims that defendant breached the governing service agreement by disbursing funds without plaintiff’s approval and by later refusing to turn over its communications with the defrauding third party. Plaintiff also claims that defendant breached the implied covenant of good faith and fair dealing by failing to take reasonable precautions to prevent the fraud and by frustrating plaintiff’s recovery efforts.

TILLAGE COMMODITIES FUND, L.P., plf-res, v. SS&C TECHNOLOGIES, INC., def-ap

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