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15-232 - Voss v. Bank of America, N.A., et al


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15-232 - Voss v. Bank of America, N.A., et al
December 30, 2015
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MEMORANDUM-DECISION and ORDERED, that Defendants Motion (Dkt. No. 15) to dismiss is GRANTED in part, as to the dismissal of Plaintiffs breach of contract claim; Plaintiffs claim that her HAMP applications were negligently denied; Plaintiffs tortious interference with contract claim; and Plaintiffs TILA and RESPA claims; and DENIED in part, as to Plaintiffs New York General Business Law § 349 claim; Plaintiffs breach of the implied covenant of good faith and fair dealing claim; and Plaintiffs claim that she is a third-party beneficiary of Bank of Americas obligations under HAMP; and it is further ORDERED, that Defendant Ocwens Motion (Dkt No. 18) to join Bank of Americas Motion is GRANTED; and it is further ORDERED, that Plaintiff is instructed to file a motion to amend her New York General Business Law § 349 claim within thirty (30) days of the issuance of this Memorandum-Decision and Order. Signed by Senior Judge Lawrence E. Kahn on December 30, 2015. (sas)
July 8, 2016
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MEMORANDUM-DECISION and ORDERED, that Defendants Motion (Dkt. No. 34) for reconsideration is GRANTED in part as to Plaintiffs claim that she is a third-party beneficiary of Bank of Americas obligations under HAMP, and DENIED in part as to Plaintiffs breach of the implied covenant of good faith and fair dealing claim; and it is further ORDERED, that Plaintiffs Motion (Dkt. No. 40) to amend the Complaint is GRANTED; and it is further ORDERED, that the Proposed Amended Complaint (Dkt. No. 40-2) is now the operative pleading in this action. Signed by Senior Judge Lawrence E. Kahn on July 08, 2016. (sas)