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Notable General Litigation Cases

Notable Cases
General Litigation

General Litigation

Levin-Epstein & Associates, P.C. is pleased to share a recent favorable decision, obtained on behalf of our clients, issued by the Honorable Justice Arlene P. Bluth in Hongying Zhao, et al. v. Ardent Financial Fund, et. al. (Index No. 157066/2017). The Court granted our clients Motion to Dismiss in its entirety, with prejudice, and with costs awarded. Plaintiffs brought the following three (3) causes of action: (1) constructive trust, (2) money had and received, and (3) unjust enrichment.

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The firm obtained a favorable decision against a national bank as the Honorable Justice Joseph Risi of the Supreme Court of the State of New York, Queens County, denied the defendant-bank’s motion to dismiss our client’s cause of action for conversion for the bank’s acceptance for deposit a check bearing a forged endorsement and making payment on same. Under New York’s UCC § 3-419, a bank is strictly liable for conversion when it pays on a forged endorsement subject to certain defenses it may raise.

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