Case Name/Case # Colombo Bank v.
Dennis F. Kelly 503-00785
Appellant C ounsel/ Area of Law
Lawrence J. Quinn, Esq. 410-752-9700
Banking Regulations/ Negligence
Judge/ Jurisdiction Judge Not Listed Montgomery County Issues
In this case, a bank sued an individual depositor as a result of damages incurred due to alleged overdrawing of his personal-checking account. The depositor counterclaimed as a result of the bank’s alleged mishandling of the account of a limited-liability company of which the individual de- positor was a member. The case was tried to a jury, and the jury returned a verdict in favor of the depositor, awarding him damages in the amount of $24,999.00. The bank appeals, arguing that the individual account
holder did not have standing to assert the counterclaim, because the account holder in connection with the coun- terclaim was the limited-liability company. Although the individual was a member of the limited-liability company, the bank claims that the counterclaim should have been asserted in the name of the LLC rather than by the indi- vidual.
About the Author
Cary J. Hansel is a shareholder with Joseph, Greenwald & Laake, P.A. in Greenbelt, Maryland. He received his JD from George Washington University School of Law and his undergraduate degree from Washington and Lee University. Since being admitted to the bar in December 1999, Mr. Hansel has concentrated his practice in trial and appellate advocacy. He has argued and/or authored briefs in 10 reported cases in the appellate courts of Maryland, two on behalf of MTLA.
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