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BINETTI v. WASHINGTON MUT. BANK

No. 06 CIV. 1732(CM).

446 F.Supp.2d 217 (2006)

Donna BINETTI, On Behalf of Herself and All Others Similarly Situated, Plaintiffs, v. WASHINGTON MUTUAL BANK, f/k/a Washington Mutual Bank, FA, Defendant.

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

August 3, 2006.

Attorney(s) appearing for the Case

Steven Lance Wittels, Sanford Wittels & Heisler, LLP, New York City, for Plaintiff.

Lisa M. Simonetti, Stroock & Stroock & Lavan, LLP, Los Angeles, CA, Heidi Balk, Stroock & Stroock Lavan LLP, New York City, for Defendant.

MEMORANDUM ORDER AND DECISION DENYING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S CLAIM UNDER GENERAL BUSINESS LAW § 349

MCMAHON, District Judge.

On August 30, 2002, Plaintiff Donna Binetti applied for a co-op loan with Defendant Washington Mutual Bank ("the Bank" or "Washington Mutual") in order to refinance her cooperative apartment located in Bronx, New York. On October 24, 2002, she entered into a "Loan Security Agreement" with the Bank...

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