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Apple Alley Associates II, LP v. M & T Bank

United States District Court, E.D. Pennsylvania

April 23, 2015

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

ORDER

CYNTHIA M. RUFE, District Judge.

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.


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