Lum v. New Century Mortgage Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for fraud, tortious interference with contract, inducement of breach of fiduciary duty, violation of General Business Law § 349, unjust enrichment, and money had and received, arising from the payment by the defendant mortgage lender to a nonparty mortgage broker of a yield spread premium, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Molia, J.), dated March 23, 2004, which granted the defendant’s motion to dismiss the complaint, pursuant to CPLR 3211 (a) (1) and (7), for failure to state a cause of action and based on…
2Cases cited10 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Stutman v. Chemical BankNew York Court of Appeals · 2000
- Foster v. ChurchillNew York Court of Appeals · 1996
- Apfel v. Prudential-Bache Securities Inc.New York Court of Appeals · 1993
- Negrin v. Norwest Mortgage, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Cohen v. JP Morgan Chase & Co.Court of Appeals for the Second Circuit · 2007
- Goldman v. Simon Property Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Shovak v. Long Island Commercial BankAppellate Division of the Supreme Court of the State of New York · 2008
- Environmental Services, Inc. v. Recycle Green Services, Inc.District Court, E.D. New York · 2014
- Emigrant Mortgage Co. v. FitzpatrickAppellate Division of the Supreme Court of the State of New York · 2012
15 more not listed; retrieve them via the Exa API.