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PECHINSKI v. ASTORIA FEDERAL SAVINGS

Docket No. 03-7116.

345 F.3d 78 (2003)

Matthew J. PECHINSKI and Brooke Rivto Pechinski, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. ASTORIA FEDERAL SAVINGS AND LOAN ASSOCIATION, Defendant-Appellee,

United States Court of Appeals, Second Circuit.

Decided: September 23, 2003.

Attorney(s) appearing for the Case

William C. Rand, Law Office of William C. Rand, New York, NY, for Appellants.

Alfred W.J. Marks, Emmet, Marvin & Martin LLP, New York, NY, for Appellee.

Before: CABRANES, and B.D. PARKER, Jr., Circuit Judges and RAKOFF, District Judge.

PER CURIAM:

In this action, plaintiffs allege that the Astoria Federal Savings and Loan Association ("Astoria Federal") violated the disclosure provisions of the Truth in Lending Act ("TILA"), 15 U.S.C. § 1638, by failing to disclose a $2,479 fee in connection with the assignment of their home mortgage to another lender. They contend that the fee, because of New York State and New York City tax laws, actually served as a financing charge, prepayment penalty,...

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