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KALENBORN v. WELLS FARGO BANK, N.A.

2020-05510. Index No. 618736/16.

221 A.D.3d 879 (2023)

199 N.Y.S.3d 674

2023 NY Slip Op 06035

Margaret Kalenborn et al., Appellants, v. Wells Fargo Bank, N.A., et al., Respondents.

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

Decided November 22, 2023.

Attorney(s) appearing for the Case

Charles Wallshein , Melville, NY, for appellants.

Reed Smith LLP, New York, NY ( Andrew B. Messite and Michael V. Margarella of counsel), for respondents.

Connolly, J.P., Iannacci, Wooten and Ford, JJ., concur.

In an action to recover damages for violations of General Business Law § 349 and fraud, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Thomas F. Whelan, J.), dated May 5, 2020. The order, insofar as appealed from, granted the defendants' motion pursuant to CPLR 3211(a), in effect, to dismiss the amended complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

In 2014, the defendant HSBC Bank USA, National...

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