Ben-Dor v Alchemy Consultant LLC
2025 NY Slip Op 06538 [45 NY3d 941]
November 25, 2025
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 29, 2025
Gisele Ben-Dor, Respondent,
v
Alchemy Consultant LLC et al., Defendants, and JPMorgan Chase Bank, N.A., Appellant.
Argued October 16, 2025; decided November 25, 2025
PROCEDURAL SUMMARY
Appeal, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered July 11, 2024. The Appellate Division affirmed an order of the Supreme Court, New York County (Dakota D. Ramseur, J.; op 2023 NY Slip Op 31401[U] [2023]), which had, to the extent appealed from as limited by the briefs, denied defendant JPMorgan Chase Bank, N.A.'s motion to dismiss the amended complaint as against it. The following question was certified by the Appellate Division: "Was the order of this Court, which affirmed the order of the Supreme Court, properly made?"
Ben-Dor v Alchemy Consultant LLC, 229 AD3d 405, reversed.
HEADNOTES
Banks and Banking — Negligence
The order of the Appellate Division, which had affirmed the Supreme Court's denial of defendant bank's motion to dismiss the amended complaint as against it, was reversed and the motion was granted.
{**45 NY3d 942}APPEARANCES OF COUNSEL
Greenberg Traurig, LLP, Miami, Florida (Elliot H. Scherker, admitted pro hac vice, of counsel) and New York City (Anne C. Reddy and Daniel Friedman of counsel), for appellant.
Glenn Agre Bergman & Fuentes LLP, New York City (Michael Paul Bowen, Tian "Skye" Gao and Jewel Tewiah of counsel), for respondent.
OPINION OF THE COURT
Order reversed, with costs, defendant JPMorgan Chase Bank, N.A.'s motion to dismiss the amended complaint as against it granted and certified question answered in the negative, for reasons stated in the dissenting memorandum of Justice John R. Higgitt (229 AD3d 405, 408-417 [1st Dept 2024]).
Chief Judge