McAnaney et al v. Astoria Financial Corporation et al

Filing 225

MEMORANDUM & ORDER granting in part and denying in part 206 Motion for Summary Judgment. For the reasons stated in the attached Memorandum & Order, IT IS HEREBY ORDERED that defendants' motion for summary judgment is GRANTED IN PART, as to al l claims alleged as against defendants Astoria Financial Corporation and Long Island Bankcorp, Inc., and accordingly, the Clerk of the Court shall terminate those two parties as defendants from this case. Further, defendants' motion for summary judgment is FURTHER GRANTED IN PART, with respect to named plaintiff Horn's HOEPA claim, as well as plaintiffs' claims alleging violation of New York Real Property Law Section 274-a, New York Real Property and Proceedings Law Section 1921, and common law claims for unjust enrichment and fraud. However, defendants' motion for summary judgment is DENIED IN PART with respect to plaintiffs' TILA, New York General Business Law Section 349 and breach of contract claims. Plaintif fs' cross-motion for summary judgment is DENIED in its entirety. Finally, plaintiffs' motion for attorneys' fees and costs is deferred until after trial, and is therefore DENIED without prejudice for renewal at a later juncture. IT I S FURTHER ORDERED that the parties participate in a telephonic pre-trial conference on October 7, 2009 at 4:00 p.m. Counsel for plaintiffs is directed to initiate the call by first getting counsel for defendants on the line, and then contacting Chambers at (631) 712-5670 at the appropriate time. SO ORDERED. Ordered by Judge Joseph F. Bianco on 9/29/2009. (Howard, Timothy) (Main Document 225 replaced on 9/29/2009) (Mahon, Cinthia).