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Securities and Exchange Commission v. Byers et al

MEMORANDUM OF LAW in Support re: 974 MOTION RETURN OF SECURED COLLATERAL FUNDS IMPROPERLY SENT TO RECEIVER.. Document

13 Cited authorities

  1. Golden Pacific Bancorp. v. F.D.I.C

    375 F.3d 196 (2d Cir. 2004)   Cited 211 times
    Holding that the FDIC, like other creditors and depositors of the failed bank, was entitled to post-insolvency interest

  2. Manufacturers Hanover Trust Co. v. Chemical Bank

    160 A.D.2d 113 (N.Y. App. Div. 1990)   Cited 220 times   1 Legal Analyses
    Holding funds identifiable where “[plaintiff] effected a wire transfer to [defendant] of a specific sum, $223,280.74, to be credited to a specific account”

  3. General Motors Accep. Corp. v. Clifton-Fine Cent

    85 N.Y.2d 232 (N.Y. 1995)   Cited 101 times
    Denying summary judgment because there were material issues of fact as to whether plaintiff waived its rights under the assignment by failing to protest a direct payment - the account debtor's payment for prior school bus purchases to the assignor and the assignee's apparent failure to protest or direct that payment be made directly to it raised issues of fact as to whether the assignee waived its rights under the assignment

  4. Feinberg v. Boros

    99 A.D.3d 219 (N.Y. App. Div. 2012)   Cited 37 times

    2012-09-11 Herbert FEINBERG, etc., Plaintiff–Respondent, v. Jerome S. BOROS, Esq., et al., Defendants–Appellants. Friedman Kaplan Seiler & Adelman LLP, New York (Edward A. Friedman, Robert D. Kaplan and Steven E. Frankel of counsel), for appellants. Storch Amini & Munves PC, New York (Steven Storch, Lita Beth Wright and Thomas M. Monahan of counsel), and Richard L. Derzaw, New York, for respondent. DAVID B. SAXE Friedman Kaplan Seiler & Adelman LLP, New York (Edward A. Friedman, Robert D. Kaplan

  5. Island Fed. Cre. Uni. v. Smith

    60 A.D.3d 730 (N.Y. App. Div. 2009)   Cited 21 times
    Finding that party who pays money, under mistake of fact, to one not entitled to it should, in equity and good conscience, be permitted to recover it

  6. Bank of New York v. Spiro

    267 A.D.2d 339 (N.Y. App. Div. 1999)   Cited 15 times

    Argued November 23, 1999 December 20, 1999 In an action, inter alia, to recover damages for unjust enrichment, the plaintiff appeals from (1) an order of the Supreme Court, Nassau County (McCarty, J.), dated February 26, 1999, which denied its motion for summary judgment, and (2) an order of the same court, dated May 17, 1999, which denied its motion, in effect, to vacate the dismissal of the action and to restore the case to the trial calendar. Ivars Berzins, P.C., Babylon, N.Y., for appellant.

  7. Fleeger v. Clarkson Co. Ltd.

    86 F.R.D. 388 (N.D. Tex. 1980)   Cited 28 times
    Holding that Canadian law forbids derivative action without obtaining prior leave of court

  8. Phelan v. Middle States Oil Corporation

    154 F.2d 978 (2d Cir. 1946)   Cited 38 times
    Applying federal law to determine assignability of bondholder's claims against a federal receiver

  9. Manufacturers Trust Co. v. Diamond

    17 Misc. 2d 909 (N.Y. App. Term 1959)   Cited 17 times

    May 21, 1959 Appeal from the Municipal Court of the City of New York, Borough of Manhattan, JOHN C. LEONFORTE, J. Simpson Thacher Bartlett ( William J. Manning and Whitney North Seymour, Jr., of counsel), for appellant. Harry A. Roth for respondent. Per Curiam. The defendant rested on the plaintiff's case and there is no proof whatever that the defendant was prejudiced by or changed his position in any way in reliance on the plaintiff's conduct. It is self-evident that but for a mistake the plaintiff

  10. Ball v. Shepard

    202 N.Y. 247 (N.Y. 1911)   Cited 52 times   2 Legal Analyses
    Identifying as a "well-recognized principle of law" that "a party who pays money under a mistake of fact, to one who is not entitled thereto, must in equity and good conscience be permitted to get it back . . . even though the mistake is the result of negligence"

  11. Section 1-103 - Construction of uniform commercial code to promote its purposes and policies; applicability of supplemental principles of law

    N.Y. U.C.C. Law § 1-103   Cited 80 times
    Providing that ordinary legal principles, including the law of principal and agent, apply unless explicitly displaced

  12. Section 9-104 - Control of deposit account

    N.Y. U.C.C. Law § 9-104   Cited 43 times
    Excluding application of Article 9 “to a transfer in whole or in part of any claim arising out of tort.”

  13. Section 3005 - Relief against mistake of law

    N.Y. CPLR 3005   Cited 33 times

    When relief against a mistake is sought in an action or by way of defense or counterclaim, relief shall not be denied merely because the mistake is one of law rather than one of fact. N.Y. CPLR 3005