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SCHROEDER v. CAPITAL ONE FINANCIAL CORP.

No. CV 08-4614.

665 F.Supp.2d 219 (2009)

Rolf SCHROEDER, Plaintiff, v. CAPITAL ONE FINANCIAL CORPORATION d/b/a/ Capital One Bank as successors in interest to North Fork Bancorporation d/b/a/ North Fork Bank, Defendant.

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

October 21, 2009.

Attorney(s) appearing for the Case

Hofheimer Gartlir & Gross, LLP, by Robert Kenney, Esq., New York, NY, for Plaintiff.

Lazer, Aptheker, Rosella & Yedid, P.C., by Joseph C. Savino, Esq., Melville, NY, for Defendant.

MEMORANDUM AND ORDER

WEXLER, District Judge.

This is an action commenced by Plaintiff Rolf Schroeder ("Plaintiff"), against his bank, Capital One, N.A. ("Capital One" or the "Bank"), seeking repayment of funds that were allegedly transferred by the Bank pursuant to the instructions of an unauthorized third party. Plaintiff sets forth causes of action pursuant to: (1) the Electronic Funds Transfer Act, 15 U.S.C. § 1693 (the "EFTA"); (2) Section...

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