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NEWMAN v. WELLS FARGO BANK, N.A.

5092, 100878/09.

85 A.D.3d 435 (2011)

924 N.Y.S.2d 264

2011 NY Slip Op 4730

RANDALL S. NEWMAN et al., Appellants, v. WELLS FARGO BANK, N.A., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 7, 2011.

Plaintiffs allege that defendant Wells Fargo Bank, N.A. fraudulently misrepresented that their home would be classified as a two-family instead of a one-family home for mortgage purposes. That claim is refuted by the terms set forth in a mortgage commitment letter signed by plaintiff Randall S. Newman on the date of plaintiffs' closing. Plaintiffs' remaining claims are not viable because they are based on the premise that plaintiffs...

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