BUCCI v. WACHOVIA BANK, N.A.

Filing 81

ORDER of MEMORANDUM AND/OR OPINION (DOC. #80) -- IT IS ORDERED that DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. #69) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS:..... SIGNED BY HONORABLE ANITA B. BRODY ON 9/23/2010. 9/24/2010 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, )

BUCCI v. WACHOVIA BANK, N.A.

Doc. 81

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ENVIRONMENTAL EQUIPMENT & SERVICE COMPANY, Plaintiff, v. WACHOVIA BANK, N.A., Defendant. : : : : : : : : : : :

CIVIL ACTION No. 08-1478

September 23rd, 2010 ORDER

Anita B. Brody, J.

AND NOW, this ___23rd_____ day of September, 2010, it is ORDERED that Defendant's Motion for Summary Judgment (Doc. #69) is GRANTED in part and DENIED in part, as follows: · · · Defendant's Motion on Plaintiff's Negligence Claim is GRANTED. Defendant's Motion on Plaintiff's Breach of Contract Claim is GRANTED. Defendant's Motion on Plaintiff's Breach of Duty of Good Faith and Fair Dealing Claim is GRANTED. · Defendant's Motion on Plaintiff's Pennsylvania Uniform Fiduciaries Act Claim is GRANTED. · Defendant's Motion on Plaintiff's Pennsylvania Commercial Code Claims is GRANTED as to claims barred by the applicable statutes of repose and limitations but DENIED as to claims not barred by the applicable statutes of repose and limitations. < Plaintiff's Pennsylvania Commercial Code claims survive as to checks

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containing alterations or forged drawer signatures and appearing on account statements on October 31, 2005 or after. < Plaintiff's Pennsylvania Commercial Code claims survive as to checks containing forged indorsements and negotiated on February 25, 2005 or after. < Defendant's Motion on Plaintiff's Aiding and Abetting Claim is GRANTED as to claims barred by the applicable statute of limitations but DENIED as to claims not barred by the applicable statute of limitations. < Plaintiff's aiding and abetting claims survive as to any aiding and abetting that took place on February 25, 2006 or after.

s/Anita B. Brody _____________________________ Anita B. Brody, J.

COPIES VIA ECF ON

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COPIES MAILED ON

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