Lonner v. Simon Property Group, Inc., 2004-09817.
Decision Date | 05 July 2006 |
Docket Number | 2004-09817. |
Parties | CHRISTOPHER R. LONNER, Appellant, v. SIMON PROPERTY GROUP, INC., Respondent. |
Court | New York Supreme Court — Appellate Division |
Ordered that the order is reversed, on the law, with costs, that branch of the motion which was to dismiss the complaint on the ground that the action is preempted by the National Bank Act is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings in accordance with Goldman v Simon Prop. Group, Inc. (31 AD3d 382 [2006] [decided herewith]).
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Sharabani v. Simon Prop. Grp., Inc.
...Inc., 58 A.D.3d 208, 869 N.Y.S.2d 125; Lonner v. Simon Prop. Group, Inc., 57 A.D.3d 100, 866 N.Y.S.2d 239; Lonner v. Simon Prop. Group, Inc., 31 A.D.3d 398, 817 N.Y.S.2d 503). As in our prior decisions, the scope of preemption depends upon the extent to which state law imposes substantive l......
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Sheinkin v. Simon Prop. Group Inc.
...York's Appellate Division has also issued holdings that are factually distinguishable from Ayotte in Lonner v. Simon Property Group, Inc., 31 A.D.3d 398, 817 N.Y.S.2d 503 [2d Dept.2006] and Goldman v. Simon Property Group, Inc., 58 A.D.3d 208, 869 N.Y.S.2d 125 [2d Dept.2008], because the pa......
- Lutz v. Goldstone