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· 10/1/2015

Robert Ferguson v. Bank of New York Mellon

Citations

  • 802 F.3d 777
  • 2015 U.S. App. LEXIS 17265
  • 2015 WL 5751436

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, despite the statute’s use of “void,” “New York courts ... instead have treated a trustee’s act in violation of the trust as voidable but not void”
  • “We assess a Rule 12(b)(6) motion only on ‘the facts stated in the complaint and the documents either attached to or incorporated in the complaint.’”
  • affirming dismissal because plaintiff lacked standing under state law

Source: CourtListener parenthetical corpus (CC0).

Judges: Jones, Smith, Southwick

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.