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.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

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.

© Adam Levy | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.