Larkins v. M&T Mortgage

Second Circuit Court of Appeals Affirms Dismissal of Fraud Claims against M&T Bank


Plaintiff commenced an action against M&T Bank arguing that a state

court judgment of foreclosure should be invalidated because it was obtained by fraudulent means. We moved to dismiss the action for want of jurisdiction. The District Court granted the motion. In affirming the dismissal, the Second Circuit Court of Appeals credited the firm's arguments that plaintiff was unable to demonstrate through record evidence that complete diversity amongst the parties existed or that the complaint presented a federal question on which to base jurisdiction.

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Published In: Civil Procedure Updates, General Business Updates, Finance & Banking Updates, Residential Real Estate Updates

Reference Info:Decision | Federal, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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