People ex rel. Cuomo v. First American Corp.

*673OPINION OF THE COURT

Charles Edward Ramos, J.

Defendants First American Corporation (First American) and First American eAppraiseIT (EAI) (together, defendants)1 move to dismiss the complaint on the grounds that it is preempted by federal banking law and regulations, and for failure to state a cause of action (CPLR 3211 [a] [2], [7]).

This motion raises the issue of the preemptive effect of federal banking regulations on state law claims that seek to enforce standards of real estate appraiser independence and for fraudulent business practices arising out of the violation of those standards.

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