An Appellate Division, Second Department, panel affirmed a lower court’s dismissal motion that let Capital One off the liability hook in an alleged confidence scheme orchestrated by an employee against a customer.

In Weiss v. Hager, 15-02836, Capital One “business concierge” Solomon Hager allegedly introduced Capital One customer Samuel Weiss to a series of foreign brokers who promised access to investment vehicles not available domestically. The alleged confidence scheme stretched from bank accounts in Israel and Switzerland, all controlled by overseas individuals.

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