APPLE ALLEY ASSOCIATES II, LP v. M&T BANK

Filing 35

MEMORANDUM OPINION ORDER THAT DEFENDANT'S MOTION TO DISMISS THE AMENDED COMPLAINT (DOC. NO. 28 ), IS GRANTED AS TO PLAINTIFF'S NEGLIGENCE CLAIMS, AND DENIED AS TO PLAINTIFF'S CLAIM FOR CONVERSION OF A FINANCIAL INSTRUMENT. COUNTS I, I II, AND IV ARE DISMISSED WITH PREJUDICE. PLAINTIFF MAY PROCEED ON COUNT II. DEFENDANT IS DIRECTED TO FILE AN ANSWER WITHIN 14 DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 4/23/2015. 4/23/2015 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
APPLE ALLEY ASSOCIATES II, LP,
:
Plaintiff,
:
:
CIVIL ACTION
v.
:
:
NO. 13-7258
M & T BANK,
:
Defendant.
:

ORDER
AND NOW, this 23rd day of April 2015, upon consideration of Defendant’s Motion to
Dismiss the Amended Complaint [Doc. No. 28], Plaintiff’s response, Defendant’s reply, and
Plaintiff’s sur-reply, and for the reasons set forth in the accompanying memorandum opinion, it
is hereby ORDERED that the Motion is GRANTED as to Plaintiff’s negligence claims, and
DENIED as to Plaintiff’s claim for conversion of a financial instrument.
Counts I, III, and IV are DISMISSED with prejudice as barred by the economic loss
doctrine. Plaintiff may proceed on Count II. Defendant is directed to file an answer, addressing
Count II of the Amended Complaint, within 14 days of the date of this Order.
It is so ORDERED.
BY THE COURT:

/s/ Cynthia M. Rufe
___________________________________
CYNTHIA M. RUFE, J.