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LENAHAN v. TD WATERHOUSE BANK, N.A.

04663-2008, Motion No.:001 MG

2008 NY Slip Op 33529(U)

JAMES LENAHAN, as the Administrator CTA of the ESTATE OF LAWRENCE LENAHAN, Plaintiffs, v. TD WATERHOUSE BANK, N.A. n/k/a TD BANK USA N.A., Defendant.

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

November 20, 2008.

Motion Date: November 14, 2008.

Attorney(s) appearing for the Case

Seth E. Lipner, Esq., Deutsch & Lipner, Garden City, New York, Attorney of Plaintiffs.

Theodore R. Snyder, Esq., Krebsbach & Snyder, PC, One Exchange Plaza, New York, New York, Attorney of Defendant.

EMILY PINES, Judge.

Defendant, TD Waterhouse Bank N.A. n/k/a TD Bank USA N.A. ("Waterhouse Bank") moves, by Notice of Motion (motion sequence number 001) for an Order dismissing Plaintiff's complaint pursuant to CPLR §§ 3211 (a) (1) and (a) (7) or, in the alternative under CPLR § 7501. Essentially, Plaintiff, Administrator, is suing, seeking repayment of monies improperly paid on eleven (11) checks, allegedly by Waterhouse Bank, after the account holder...

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