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TOTILO v. HERBERT

No. 07 Civ. 10991(LAK).

538 F.Supp.2d 638 (2008)

Matthew TOTILO, Plaintiff, v. Steven F. HERBERT, et ano., Defendants.

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

March 5, 2008.

Attorney(s) appearing for the Case

Kenneth Elan, Deborah R. Gross, Robert P. Frutkin, Law Offices of Bernard M. Gross, P.C., for Plaintiff.

Lisa Albert, Michael R. Smith, Benjamin Lee, King & Spalding LLP, for Defendants.

MEMORANDUM OPINION

LEWIS A. KAPLAN, District Judge.

Plaintiff, a depositor at NetBank, FSB ("NetBank"), a so-called Internet bank that was taken over by the Office of Thrift Supervision, brings this purported class action against two former executive officers of NetBank for fraud, negligent misrepresentation, negligence, and violation of New York General Business Law § 349. Jurisdiction is premised on diversity. Defendants move to dismiss the complaint...

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