The Salvation Army, one of the largest U.S. charities,
claims in its lawsuit that the bank didn't abide by its obligation to invest in
conservative assets and failed to take steps to protect the charity as market
conditions deteriorated.
The charity, which filed the lawsuit in 2011 in New York
State Supreme Court, is seeking damages for breach of fiduciary duty and other
claims. The Salvation Army must only
"state a claim at this juncture, not prove it," Justice Barbara
Kapnick wrote in her January 25 decision denying the bank's motion to dismiss
the breach of fiduciary duty claim.....
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