Legal Opinion

Davito v. Amtrust Bank

District Court, E.D. New York

Decided September 22, 2010No. 09 Civ. 3858 (BMC)PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER

COGAN, District Judge.

Before the Court is defendant’s [30] motion to strike plaintiffs’ class allegations. 1

BACKGROUND

Plaintiffs commenced this class action against AmTrust Bank (“AmTrust”) on September 4, 2009, in connection with a mortgage loan they obtained from Am-Trust. Plaintiffs allege that AmTrust violated the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2607(b) and New York General Business Law § 349, by charging a “Table Funding Fee” in the amount of $350.00 without providing any services in connection with that fee.

Plaintiffs have…

2Cases cited2 opinions

  1. Cassese v. Washington Mutual, Inc.District Court, E.D. New York · 2010
  2. Punzalan v. Federal Deposit InsuranceDistrict Court, W.D. Texas · 2009

3Cited by3 opinions

  1. Kassman v. KPMG LLPDistrict Court, S.D. New York · 2013
  2. Talarico v. Port Auth. of N.Y. & N.J.District Court, S.D. Illinois · 2019
  3. See v. Government Employees Insurance CompanyDistrict Court, E.D. New York · 2023

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