MBMB LLC v. First Niagara Bank, National Association (2013)

MEMORANDUM OF DECISION

The plaintiff MBMB, LLC seeks damages as a result of a claim that the defendant First Niagara Bank, National Association breached a contract concerning funds it was holding obtained from insurance proceeds as a result of water damages to 235 Winchester Avenue, New Haven (the property) owned by the plaintiff.   After several attempts to obtain information pertaining to the repair of the damaged property from January 2004 until May 2005, the defendant applied the insurance funds to pay the loan due to the defendants secured by a mortgage on the property under authority granted to the defendant bank in the loan documents.

The plaintiff's claims are based upon a draft document never executed by the defendant.

Accordingly, judgment is entered in favor of the defendant First Niagara Bank, National Association against the plaintiff MBMB, LLC.

Robert I. Berdon

Judge Trial Referee

Berdon, Robert I., J.T.R.