Second Circuit Affirms Dismissal of Borrower's Complaint Against Asset-Based Lender

Chaitman, Helen Davis
March 2012
Lender Liability Law Report;Mar2012, Vol. 26 Issue 3, p5
The article discusses the court case Interpharm, Inc. v. Wells Fargo Bank where the bank is being accused of breach of contract or breach of the covenant of good faith and fair dealing. The court examined the complaint and has decided to dismiss the borrower's complaint stating that the allegations could not support a wrongful threat. The court cited the cases VKK Corp. v. NFL, MLI Indus. v. N.Y.S. Urban Dev. Corp. and Kamerman v. Steinberg to support its decision.


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