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SELLER v. CITIMORTGAGE, INC.

12740, 652001/11.

118 A.D.3d 511 (2014)

988 N.Y.S.2d 32

2014 NY Slip Op 4243

DANIEL SELLER et al., Appellants, v. CITIMORTGAGE, INC., Respondent.

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

Decided June 12, 2014.

The complaint fails to allege any of the elements of a General Business Law § 349 claim in connection with defendant's implementation of its private mortgage loan modification program (see Lucker v Bayside Cemetery, 114 A.D.3d 162, 174 [1st Dept 2013]). It alleges that defendant told plaintiffs that to qualify for a loan modification they had to be delinquent in their mortgage payments, and instructed them, since they were not...

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