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SUTHERLAND v. REMAX 2000

22405/2007.

2008 NY Slip Op 51701 (U)

LUCHA SUTHERLAND, Plaintiff, v. REMAX 2000, ASK REALTY INC., and WELLS FARGO BANK, N.A., Defendants.

Supreme Court of the State of New York, Nassau County.

Decided August 7, 2008.

Attorney(s) appearing for the Case

Howard L. Sherman, Esq., Ossining, New York, Counsel for Plaintiff.

Lowenstein Sandler PC, New York, New York, Counsel for Defendant, (for Wells Fargo Bank NA).

LEONARD B. AUSTIN, J.

Defendant, Wells Fargo, Bank N.A. ("Wells Fargo"), moves to dismiss the complaint of Plaintiff, Lucha Sutherland ("Sutherland"), pursuant to CPLR 3211(a)(7) and CPLR 3016(b).

BACKGROUND

Sutherland purchased a home in Valley Stream on February 23, 2007. To purchase the home, Sutherland obtained a mortgage loan in the amount of $450,000 from Wells Fargo. The real estate broker for the purchase was Defendant REMAX 2000 ...

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