Owens v. Aspen Funding LLC et al
| Louise Owens |
| Aspen Funding LLC, Greenpoint Mortgage Funding LLC, GMAC and John Doe |
| 6:2008cv06588 |
| December 30, 2008 |
| US District Court for the Western District of New York |
| Rochester Office |
| Monroe |
| Charles J. Siragusa |
| Real Property: Other |
| 15 U.S.C. ยง 1601 Truth in Lending |
| Plaintiff |
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Filing
51
DECISION AND ORDER granting in part and denying in part 28 Motion to Amend or Correct; granting 20 Motion to Dismiss; granting in part and denying in part 22 Motion to Dismiss.GMACs motion [#20] to dismiss is granted, and the Clerk of the Court is directed to terminate GMAC as a party to this action. Plaintiffs cross-motion to amend [#28] is granted in part and denied in part as follows: The application is granted to the extent that it adds Aurora as a necessary party, but is denied to th e extent that it seeks to assert any substantive claim against Aurora; the cross-motion is also denied insofar as it seeks to add GMAC and MERS as necessary parties. With this understanding, the Third Amended Complaint is now the operative pleading in this action. Greenpoints motion [#22] to dismiss is granted as to the following claims: 1) the claim for damages under TILA; 2) the claim under New York General Obligations Law § 5-501; 3) the claim under New York General Business Law § 349; 4) the claim for fraud; and 5) the claim for civil conspiracy to commit fraud. Greenpoints motion to dismiss is denied as to the following claims: 1) the TILA rescission claim; 2) the claim under New York Banking Law § 6-1; and 3) the claim for conversion of loan proceeds. Plaintiffs request to replead the dismissed claims against Greenpoint is denied. Signed by Hon. Charles J. Siragusa on 9/9/11. (KAP)
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