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PEOPLE v. FIRST AM. CORP.

406796/07

2009 NY Slip Op 29166

THE PEOPLE OF THE STATE OF NEW YORK By ANDREW M. CUOMO, Attorney General of the STATE OF NEW YORK, Plaintiff, v. FIRST AMERICAN CORPORATION AND FIRST AMERICAN EAPPRAISEIT, Defendants.

Supreme Court of the State of New York, New York County.

Decided March 30, 2009.

Attorney(s) appearing for the Case

Nicole Gueron, Esq. and Christopher Mulvihill, Esq., for Plaintiff.

Richard Hans, Esq. of DLA Piper, for Defendant.

CHARLES EDWARD RAMOS, J.

Defendants First American Corporation (First American) and First American eAppraiseit (EAI) (together, Defendants)1 move to dismiss the complaint on the grounds that it is preempted by federal banking law and regulations, and for failure to state a cause of action (CPLR 3211 [a] [2], [7]).

This motion raises the issue of the preemptive effect of federal banking regulations on state law claims that seek...

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