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FLAGG v. YONKERS SAV. AND LOAN ASS'N, FA

No. 03 CIV. 5133(WCC).

307 F.Supp.2d 565 (2004)

Hans W. FLAGG and Eileen S. Flagg, on behalf of themselves and all others similarly situated, Plaintiffs, v. YONKERS SAVINGS AND LOAN ASSOCIATION, FA (a/k/a Yonkers Financial), Defendant.

United States District Court, S.D. New York.

March 8, 2004.

Attorney(s) appearing for the Case

Wechsler Harwood LLP, (William R. Weinstein, Esq., Robert I. Harwood, Esq., Of Counsel), Rabunski & Katz, LLP (Michael Katz, Esq., Of Counsel), New York City, for Plaintiffs and the Putative Class.

Thacher Proffitt & Wood LLP (Jean E. Burke, Esq., Doreen Klein, Esq., Of Counsel), White Plains, NY, for Defendant.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Plaintiffs Hans W. Flagg and Eileen S. Flagg, on behalf of themselves and all others similarly situated, bring this action against defendant Yonkers Savings and Loan Association, a/k/a Yonkers Financial ("Yonkers"),1 seeking declarations: (1) pursuant to 28 U.S.C. § 2201 that federal law neither preempts nor precludes the applicability of New York statutes...

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