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LANG v. FIRST AMERICAN TITLE INS. CO. OF NEW YORK

No. 08-CV-31S.

816 F.Supp.2d 214 (2011)

Cliff LANG and Betsy Lang, individually and on behalf of all others similarly situated, Plaintiffs, v. FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK, Defendant.

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

September 12, 2011.

Attorney(s) appearing for the Case

David P. Marcus, Marcus & Cinelli, LLP, Williamsville, NY, Edward W. Ciolko, Joseph A. Weeden, Peter A. Muhic, Barroway Topaz Kessler Meltzer & Check, LLP, Radnor, PA, Eric G. Calhoun, Travis & Calhoun, P.C., Dallas, TX, for Plaintiffs.

Charles A. Newman, SNR Denton U.S. LLP, Douglas W. King, Bryan Cave LLP, St. Louis, MO, Mitchell J. Banas, Jr., Jaeckle Fleischmann & Mugel LLP, Buffalo, NY, for Defendant.

DECISION AND ORDER

WILLIAM M. SKRETNY, Chief Judge.

I. INTRODUCTION

Presently before this Court is Defendant First American Title Insurance Company of New York's Motion to Dismiss (Docket No. 4) the third and fourth counts of Plaintiffs Cliff and Betsy Lang's complaint, which allege violations of the Real Estate Settlement Procedures Act of 1974 ("RESPA") and New York General Business Law § 349, respectively. For the following reasons, Defendant...

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