Haworth Country Club, LLC v. United Bank

Citations

• 226 Conn. App. 665

Syllabus

The plaintiff, H Co., individually and derivatively on behalf of N Co., appealed to this court, following the granting of a motion to strike, from the judgment of the trial court rendered for the defendant, U Co., a banking institution, on all counts of H Co.'s complaint. H Co. alleged that U Co. improperly opened a bank account in the name of V Co., specifically, that U Co. failed to exercise due diligence to determine the legal existence of V Co. in accordance with various state and federal banking statutes and regulations, which permitted the diversion of moneys away from H Co. and N Co. Held: 1. H Co. could not prevail on its claim that the trial court did not apply the proper legal standard in ruling on the motion to strike: H Co. failed to articulate how the court failed to utilize the proper legal standard; moreover, in its decision, the trial court set forth the proper legal stan- dard to be applied in ruling on a motion to strike and, in the absence of some clear indication to the contrary, this court presumed the trial court applied the correct legal standard. 2. H Co. could not prevail on its claim that the trial court erred in concluding that H Co. was not entitled to bring a cause of action against U Co.: H Co.'s status as a noncustomer of U Co. was dispositive as to preclude any allegations of liability against U Co., as H Co. failed to allege any circumstance that would give rise to a legal duty of care owed by U Co.; moreover, the issues identified by H Co. regarding V Co.'s documen- tation, which was used by U Co. to open the V Co. account, did not demonstrate that a reasonable person would anticipate that a third- party noncustomer of U Co. would likely suffer harm from the opening of the V Co. account. 3. H Co. could not prevail on its claims that the trial court erred in concluding that its allegations that U Co. violated banking statutes and regulations regarding what a bank is required to do before opening an account for a customer were not all