MacArthur v. Bank of New York

Full title: ROBERT MacARTHUR, Appellant, v. BANK OF NEW YORK et al., Respondents

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 2, 1993

199 A.D.2d 16 (N.Y. App. Div. 1993)

605 N.Y.S.2d 856

Opinion

December 2, 1993

Appeal from the Supreme Court, New York County (Beverly Cohen, J.).

There is no merit to plaintiff's claim that defendant Bank of New York fraudulently misrepresented the status of a State court action it was assigning to him in consideration of settling an action in Federal court. The transcript reveals that plaintiff, a sophisticated businessman represented by counsel, "agreed to assume any and all risks in connection with the assignment of this claim * * * [and was] relying on information received from his own personal sources", and that defendant Bank made no representations or warranties "of any kind or nature whatsoever". Since plaintiff failed to demonstrate fraud, it is unnecessary to determine whether his claim was timely. In any event, we have considered plaintiff's other arguments and find them to be without merit.

Concur — Sullivan, J.P., Carro, Rosenberger, Ross and Asch, JJ.