Costigan v. Citigroup Inc. et al
| Brian Costigan |
| Citigroup Inc. and Citimortgage, Inc. |
| 1:2010cv08776 |
| November 19, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Shira A. Scheindlin |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
35
OPINION AND ORDER re: 26 MOTION to Dismiss Amended Class Action Complaint filed by Citimortgage, Inc. For the foregoing reasons, Citis motion to dismiss is granted without prejudice as to Costigans claims for (i) breach of contract of the o riginal mortgage agreements, (ii) fraud, (iii) negligent misrepresentation, and (iv) violation of the CFA. Citis motion to dismiss is granted with prejudice as to Costigans claims for (i) breach of the SPA and the TPP agreements, (ii) promissory esto ppel, (iii) breach of the covenant of good faith and fair dealing, (iv) negligence, (v) violation of the DPA, and (vi) violation of the FDCPA. The Clerk of the Court is directed to close this motion [docket #25], and, if Costigan does not file an amended complaint within thirty (30) days, to close this case. (Signed by Judge Shira A. Scheindlin on 8/1/2011) (tro)
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