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DAVITO v. AMTRUST BANK

No. 09 Civ. 3858 (BMC).

743 F.Supp.2d 114 (2010)

John J. DAVITO and Santa Devito, Individually and on Behalf of a Class of Consumers Similarly Situated, Plaintiffs, v. AMTRUST BANK, Defendant.

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

September 22, 2010.

Attorney(s) appearing for the Case

Catherine Elizabeth Anderson, Giskan Solotaroff & Anderson, LLP, New York, NY, for Plaintiffs.

Richard P. Sobiecki, Baker Botts, New York, NY, for Defendant.

MEMORANDUM DECISION AND ORDER

COGAN, District Judge.

Before the Court is defendant's [30] motion to strike plaintiffs' class allegations.1

BACKGROUND

Plaintiffs commenced this class action against AmTrust Bank ("AmTrust") on September 4, 2009, in connection with a mortgage loan they obtained from AmTrust. Plaintiffs allege that AmTrust violated the Real Estate Settlement Procedures Act ("RESPA"), 12 U...

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