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VALLE v. POPULAR COMMUNITY BANK

3812, 653936/12.

149 A.D.3d 633 (2017)

2017 NY Slip Op 03120

50 N.Y.S.3d 868

JOSEFINA VALLE et al., Respondents, v. POPULAR COMMUNITY BANK, Formerly Known as BANCO POPULAR NORTH AMERICA, Appellant.

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

Decided April 25, 2017.

The complaint states a claim under General Business Law § 349 by alleging that defendant employed a deceptive and misleading consumer-oriented policy, not disclosed to plaintiff, of high-to-low reordering of ATM transactions that resulted in plaintiffs' being charged an additional overdraft fee on April 18, 2012 (see Gaidon v Guardian Life Ins. Co. of Am., 94 N.Y.2d 330, 344 [1999]; Levin v HSBC Bank USA, N.A., 2012 NY...

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