action). NCB submits its involvement in lawsuits is equally unavailing because both were ter- minated prior to the filing of this action. See docket Logan Feed v. Nat'l Commer- cial Bank, No. 92 Civ. (S.D.N.Y.) (NCB terminated July 24, 1995); docket Nat’? Commercial Bank v. Morgan Stanley As- set Mgmt, Inc,