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WILSON v. TOUSSIE

No. CV01-4568 DRHWDW.

260 F.Supp.2d 530 (2003)

Maxine WILSON, Terry Wilson, Alfredo Smith, Sharon Smith, and Juan Quintanilla, Individually and as Class Representatives, Plaintiffs, v. Isaac TOUSSIE, Robert Toussie, Toussie Family Homes, David Park Estates, Inc., Easy Home Program Corporation, Fobert Corp, Marconi Realty Ltd, Rod Staten Corporation, Smith-Haven Mortgage Corporation, Fleet Mortgage Corporation, Washington Mutual Home Loans, Mutual of North America, Star Bank, N.A, Firstar Corporation, PMCC Mortgage Corporation, Mortgage Catalog Store, Inc., HSBC Bank USA, First West Mortgage Bankers, Ltd, Community Home Mortgage Corporation, Flagstar Bancorp, Inc., Chase Manhattan Mortgage Corporation, Defendants.

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

April 25, 2003.

Attorney(s) appearing for the Case

Milberg Weiss Bershad Hynes & Lerach LLP by Barry A Weprin, Esq., Paul D. Young, Esq., Kirk E. Chapman, Esq., New York City, for Plaintiffs.

Leeds Morelli & Brown, P.C, Carle Place by Lenard Leeds, Esq., Jeffrey Brown, Esq., Carle Place, NY, for Plaintiffs.

Scheyer & Jellenik by Richard I. Scheyer, Esq., Nesconset, NY, for Toussie Defendants.

Rosenberg Calica & Birney LLP by Robert M. Calica, Esq., Garden City, NY, for Defendant PMCC Mortgage Corp.

Barbara M. Pizzolato, P.C. by Barbara M. Pizzolato, Esq., Hauppauge, NY, for Defendant Mutual of North America.

Silverman Perlstein & Acampora LLP by Anthony C. Acampora, Esq., Jericho, NY, for Defendant First West Mortgage Bankers Ltd.

Arent Fox Kitner Plotkin & Kahn, PLLC by Alison J. Besunder, Esq., Hunter T. Carter, Esq., Gary C. Tepper, Esq., New York City, for Defendant Chase Manhattan Mortgage Corporation.

Stroock & Stroock & Lavan LLP by Kenneth Pasquale, Esq., Michele L. Pahmer, Esq., Jacob Miota, Esq., New York City, for Defendant Fleet Mortgage Corporation and its successor in interest Washington Mutual Bank, F.A.

ORDER

HURLEY, District Judge.

Plaintiffs have made a renewed motion to amend the complaint. For the reasons discussed infra, the Court denies the motion as futile. As more fully discussed herein, the Court concludes that claims against certain of the defendants cannot be rehabilitated. However, revised pleading may cure some of the defects identified as to other defendants. As a result, leave to

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