SHEINKIN v. SIMON PROP. GROUP

022038/2010

33 Misc.3d 287 (2011)

2011 NY Slip Op 21278

JANET SHEINKIN, on Behalf of Herself and All Others Similarly Situated, Plaintiff, v. SIMON PROPERTY GROUP, INC., et al., Defendants.

Supreme Court, Nassau County.

Decided June 28, 2011.


Attorney(s) appearing for the Case

Morrison & Foerster LLP, New York City ( James M. Bergin of counsel), for defendants. Irwin Popkin , Melville, for plaintiff.


OPINION OF THE COURT

IRA B. WARSHAWSKY, J.

Preliminary Statement

This class action surrounds allegedly illegal fees that U.S. Bank and Simon Property Group have assessed to plaintiff's gift card purchased from the defendants. The defendants move to dismiss on the ground that all claims against them are precluded under the Supremacy Clause by the federal regulation of banks chartered under the National Bank Act. Because the defendants limit their...

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