§Why CasetextPricing

Johnson, Jr. v. Bank of America, N.A.

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

17 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,388 times   5 Legal Analyses
    Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"

  3. Glob. Network Commc'ns v. City of N.Y

    458 F.3d 150 (2d Cir. 2006)   Cited 1,338 times
    Holding that courts may consider extrinsic documents when deciding a motion to dismiss where “the incorporated material is a contract or other legal document containing obligations upon which the plaintiff's complaint stands or falls, but which for some reason-usually because the document, read in its entirety would undermine the legitimacy of the plaintiff's claim-was not attached to the complaint”

  4. Staehr v. Hartford Financial Serv

    547 F.3d 406 (2d Cir. 2008)   Cited 882 times   1 Legal Analyses
    Holding that matters judicially noticed by a court "are not considered matters outside the pleadings"

  5. Ely-Cruikshank Co. v. Bank

    81 N.Y.2d 399 (N.Y. 1993)   Cited 499 times
    Holding that the statute of limitations accrues from time of breach

  6. Okocha v. HSBC Bank USA, N.A.

    700 F. Supp. 2d 369 (S.D.N.Y. 2010)   Cited 36 times
    Holding that a GBL section 349 claim based on allegations that a furnisher reported false information to credit reporting agencies "falls squarely within the preemptive scope of Section 1681t"

  7. Cole-Hill ex rel. T.W. v. Colvin

    110 F. Supp. 3d 480 (W.D.N.Y. 2015)   Cited 21 times
    Finding equitable tolling unwarranted where "plaintiff has been given an opportunity to address the issue of equitable tolling by submitting papers in opposition to Defendant's motion, but she has failed to respond."

  8. Roe v. Barad

    267 A.D.2d 221 (N.Y. App. Div. 1999)   Cited 1 times

    Argued October 22, 1999 December 6, 1999 In an action to recover damages for battery and intentional infliction of emotional distress, the defendant appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated September 23, 1998, which granted the plaintiff's motion for leave to amend her pleadings to assert additional causes of action. Tracy, Bertolino Edwards, New City, N.Y. (John Edwards of counsel), for appellant. Peter B. Ackerman and Peter E. Tangredi, White Plains, N Y

  9. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  10. Section 349 - Deceptive acts and practices unlawful

    N.Y. Gen. Bus. Law § 349   Cited 4,908 times   108 Legal Analyses
    Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"

  11. Section 1681t - Relation to State laws

    15 U.S.C. § 1681t   Cited 656 times   14 Legal Analyses
    Preempting state-law claims "relating to the responsibilities of persons who furnish information to consumer reporting agencies"

  12. Section 5-501 - Rate of interest; usury forbidden

    N.Y. Gen. Oblig. Law § 5-501   Cited 478 times   7 Legal Analyses
    Prohibiting annual interest above 16% on loans over $250,000

  13. Section 14-A - Rate of interest; superintendent of financial services to adopt regulations

    N.Y. Banking Law § 14-A   Cited 277 times   3 Legal Analyses
    Noting original enactment date of Dec. 31, 1979

  14. Section 601 - Prohibited practices

    N.Y. Gen. Bus. Law § 601   Cited 39 times
    Prohibiting attempts to enforce legal rights against creditors if such rights do not exist

  15. Section 380-M - Civil liability for negligent noncompliance

    N.Y. Gen. Bus. Law § 380-M   Cited 5 times

    Any consumer reporting agency or user of information who or which is negligent in failing to comply with any requirement imposed under this article, other than a violation of section three hundred eighty-t of this article, with respect to any consumer is liable to that consumer in an amount equal to the sum of: (a) Any actual damages sustained by the consumer as a result of the failure; (b) In the case of any successful action to enforce any liability under this section, the costs of the action together

  16. Section 703 - Notice of error and response

    N.Y. Gen. Bus. Law § 703   Cited 3 times

    If a creditor, having transmitted to a consumer a statement of the consumer's account, receives from the consumer at an address designated therefor by the creditor in accordance with section seven hundred five of this article, within sixty days of the mailing of said statement, a written notice, on a document other than a document provided by the creditor to accompany payment, setting forth sufficient information to enable the creditor to identify the consumer and the account, the amount and transaction

  17. Section 706 - Notice to consumer of this act

    N.Y. Gen. Bus. Law § 706

    Not later than sixty days after the effective date of this act, a creditor shall send to each consumer, whose account was in existence on the effective date of this act, and with or before the first billing statement on any consumer credit plan issued or offered to a new consumer after the effective date of this act and upon each subsequent renewal of a consumer's account a written notice (by any means reasonably assuring the receipt thereof by the consumer) which describes the procedures to be followed