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GOLDMAN v. SIMON PROPERTY GROUP, INC.

31 A.D.3d 382 (2006)

818 N.Y.S.2d 245

ALIZA GOLDMAN, Appellant, v. SIMON PROPERTY GROUP, INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 5, 2006.

Ordered that the order is reversed, on the law, with costs, that branch of the motion which was to dismiss the complaint on the ground that the action is preempted by the National Bank Act is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.

The plaintiff commenced this class action on or about February 7, 2005 challenging...

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