201412.12
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SUMMARY JUDGEMENT UPHELD IN NEGLIGENCE CASE

Summary judgment in favor of our client, a national retail corporation, was upheld on appeal. Plaintiff sued our client after she tripped and fell over a cement parking barrier located on the sidewalk of a retail store. The barrier was affixed to the sidewalk and designed to hold shopping carts. Plaintiff claimed that our client…

201412.12
0

SUMMARY JUDGMENT GRANTED TO RETAILER IN SLIP AND FALL IN DETERGENT

This case involved an accident where the plaintiff claimed she slipped in dirty laundry detergent on the floor in a main aisle at our client’s department store. We moved for summary judgment on the ground that plaintiff could not establish notice, arguing that the plaintiffs’ observations about the condition of the spill were insufficient to…

201412.12
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SUCCESSFULLY DEFEND BANK IN UNFAIR PRACTICES CASE

This case involves a claim by the plaintiff, an attorney appearing pro se, that the Bank violated the Connecticut Unfair Trade Practices Act (“CUTPA”) by issuing a gift card with an expiration date. Plaintiff’s gift card was issued pursuant to a retailer’s gift card program administered by the Bank. The gift card purchased by plaintiff…

201412.12
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CONSUMER RICO CLAIM DISMISSED

The Firm obtained dismissal of an action commenced by a consumer alleging that she was fraudulently induced to refinance her vehicle in violation of, among other things, 18 U.S.C. § 1962(c) of the Racketeering Influence and Corrupt Organization Act (“RICO”). The court credited our argument that the complaint was barred for want of subject matter…

201412.12
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SUMMARY JUDGMENT DISMISSING CONSUMER DISCRIMINATION CLAIM

The Firm successfully defended a major electronics retailer against a consumer’s allegations that he was discriminated against on the basis of his religion and national origin.  The store security requested that the customer leave the store after suspecting him of stealing certain items.  We moved for summary judgment arguing that the employees’ actions do not…

201412.12
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CLASS ACTION DISMISSED

The Firm successfully defended a motor vehicle finance company against a class action complaint alleging that the finance company and automobile dealership colluded to defraud the consumer into paying excess “wear and tear” fees for damage to the leased vehicle at the end term. We opposed plaintiffs’ motion to certify the class arguing, among other…

201412.12
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SECOND CIRCUIT COURT OF APPEALS AFFIRMS DISMISSAL OF FRAUD CLAIMS AGAINST NATIONAL BANK

Plaintiff commenced an action against M&T Bank arguing that a state court judgment of foreclosure should be invalidated because it was obtained by fraudulent means. We moved to dismiss the action for, among other things, want of jurisdiction. The District Court granted the motion. In affirming the dismissal, the Second Circuit Court of Appeals credited…

201412.12
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MOTION TO DISMISS GRANTED IN REAL PROPERTY ACTION AGAINST MUNICIPALITY

Plaintiff, a commercial property owner, commenced an action against a Long Island village, arguing that the village’s lien on the plaintiff’s property was extinguished in accordance with the agreement that created it. We moved to dismiss on the village’s behalf, arguing that plaintiff failed to fulfill a condition precedent by failing to serve a Notice…

201412.12
0

FRAUDULENT MORTGAGE CLOSING ALLEGATIONS DISMISSED AGAINST NATIONAL BANK

Plaintiff, a mortgagor in default, commenced an action in federal court against his mortgagee bank alleging violations of various consumer-protection statutes, state statutes, and common law claims arising from the mortgage closing. In moving to dismiss, we argued that plaintiff failed to plead fraud with the requisite particularity, that the complaint failed to state a…