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New York Appellate Court Limits Application of "Separate Entity Rule" in Post-Judgment Discovery Context

In In re B&M Kingstone, LLC v. Mega International Commercial Bank Co., Ltd.,1 the New York Supreme Court, Appellate Division, First Department, held that the "separate entity rule" does not insulate a non-US bank's New York branch from the obligation to disclose information and documents relating to customer assets held outside the US, in the foreign bank's non-US branches in response to post-judgment subpoenas served on the branch in New York. The Appellate Division held that the non-US bank's consent to necessary regulatory oversight in return for permission to operate a branch in New York was sufficient to subject the bank to the jurisdiction of the Court such that it could be compelled to comply with the post-judgment discovery demands.

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