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ZINK v. FIRST NIAGARA BANK, N.A.

No. 13-CV-1076-A.

18 F.Supp.3d 363 (2014)

Jeffrey ZINK, on behalf of himself and all others similarly situated, Plaintiffs, v. FIRST NIAGARA BANK, N.A., Defendant.

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

Signed May 9, 2014.

Attorney(s) appearing for the Case

D. Gregory Blankinship, Jeremiah Frei-Pearson, Todd S. Garber, Shin Young Hahn, Meiselman Packman Nealon Scialabba & Baker P.C., White Plains, NY, for Plaintiffs.

Jeffrey Thomas Fiut, Cynthia Giganti Ludwig, Jodyann Galvin, Hodgson Russ LLP, Buffalo, NY, for Defendant.

ORDER

RICHARD J. ARCARA, District Judge.

This case was referred to Magistrate Jeremiah J. McCarthy for pretrial proceedings pursuant to 28 U.S.C. § 636(b)(1). On January 27, 2014, Magistrate Judge McCarthy filed an Amended Report and Recommendation (Dkt. No. 51) recommending that defendant First Niagara Bank, N.A.'s, motion to dismiss (Dkt. No. 37) plaintiff Jeffrey Zink's Amended Complaint pursuant to Fed.R.Civ.P. 12(b)(6) be denied. Defendant First...

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