Legal Opinion
Seller v. Citimortgage, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 12, 2014PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered January 30, 2013, which, to the extent appealed from, granted defendant’s motion to dismiss the cause of action alleging a violation of General Business Law § 349, unanimously affirmed, without costs.
The complaint fails to allege any of the elements of a General Business Law § 349 claim in connection with defendant’s implementation of its private mortgage loan modification program (see Lucker v Bayside Cemetery, 114 AD3d 162, 174 [1st Dept 2013]). It alleges that defendant told plaintiffs that to qualify for a loan…
2Cases cited5 opinions
- Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A.New York Court of Appeals · 1995
- Silverman v. Household Finance Realty Corp.District Court, E.D. New York · 2013
- Legore v. OneWest Bank, FSBDistrict Court, D. Maryland · 2012
- Lucker v. Bayside CemeteryAppellate Division of the Supreme Court of the State of New York · 2013
- Ward v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by4 opinions
- Bloom v. Nationstar Mtge., LLCAppellate Division of the Supreme Court of the State of New York · 2026
- Brendan Calderone & Lindsay Calderone v. The Federal Savings Bank, et al.District Court, E.D. New York · 2026
- Cardoso v. Wells Fargo Bank, N.A.District Court, S.D. New York · 2022
- Carrillo v. Wells Fargo Bank, N.A.District Court, E.D. New York · 2019