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WELLS FARGO BANK, N.A. v. CONESTOGA TIT. INS. CO.

1534/2013.

2013 NY Slip Op 52118(U)

WELLS FARGO BANK, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL OR BANKING CAPACITY, BUT SOLELY AS TRUSTEE FOR SRMOF II 2011-1 TRUST C/O SELENE FINANCIAL, LP, SERVICING AGENT, Plaintiff, v. CONESTOGA TITLE INSURANCE CO., REGENTS LAND SERVICES LLC, ANTHONY OKECHUKWU ONUA, and ANTHONY ONUA, P.C., Defendants.

Supreme Court, Kings County.

Decided November 21, 2013.

Attorney(s) appearing for the Case

Peter T. Roach & Asociates, P.C., Vivian Chen, Esq., Attorney for Plaintiff.

Duane Morris, LLP, Brett L. Messinger, Esq., Attorney for Defendant Conestoga Title Insurance Co.

CAROLYN E. DEMAREST, J.

In this action for breach of contract, defendant Conestoga Title Insurance Company ("Conestoga") moves for an order, pursuant to CPLR 3211(a)(7), dismissing counts III through VII of plaintiff Wells Fargo Bank, N.A.'s ("Wells Fargo") complaint.

BACKGROUND

On November 9, 2007, non-party Lehman Brothers Bank, FSB (Lehman) issued a loan for $425,000 to Kayode Adewuyi to fund the purchase of residential property located at 11...

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