FLAGG v. YONKERS SAV. AND LOAN ASS'N, FA

Docket No. 04-1948-CV.

396 F.3d 178 (2005)

Hans W. FLAGG and Eileen S. Flagg, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. YONKERS SAVINGS AND LOAN ASSOCIATION, FA, also known as Yonkers Financial, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 21, 2005.


Attorney(s) appearing for the Case

William R. Weinstein, Wechsler Harwood, LLP, New York, N.Y. (Michael Katz, Rabunski & Katz, LLP, New York City, on the brief), for Plaintiffs-Appellants.

Jean E. Burke, Thacher Proffitt & Wood, LLP, New York City (Doreen Klein, on the brief), for Defendant-Appellee.

H. Rodgin Cohen, Sullivan and Cromwell LLP (Bruce E. Clark, of counsel), New York City, for the New York Bankers' Association as amicus curiae in support of Defendant-Appellee.

Before: OAKES, CALABRESI, and STRAUB, Circuit Judges.


STRAUB, Circuit Judge.

The small universe of facts germane to the present appeal is set forth in the decision of the District Court, reported at Flagg v. Yonkers Sav. & Loan Ass'n, 307 F.Supp.2d 565 (S.D.N.Y.2004). We recite them here only briefly.

Plaintiffs-Appellants Hans and Eileen Flagg (the "Flaggs") entered into a mortgage agreement with defendant-appellee Yonkers Savings and Loan Association ("Yonkers...

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