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Benzemann v. Citibank N.A., 14‐2668‐cv
Publication Date: 2015-11-23
Practice Area:
Industry:
Court: U.S. Court of Appeals, Second Circuit
Judge: Before: Cabranes, Pooler, and Chin, C.JJ.
Attorneys:
For plaintiff: For Plaintiff‐Appellant Alexander A. Benzemann: Edward P. Kelly, on the brief, Andrew L. Tiajoloff, Tiajoloff & Kelly LLP, New York, NY.
For defendant: For Defendants‐Appellees Houslanger & Associates, PLLC and Todd E. Houslanger: Eric B. Post, on the brief, Robert J. Bergson, Abrams Garfinkel Margolis Bergson, LLP, New York, NY, For Defendant‐Appellee Citibank, N.A.: Barry J. Glickman, on the brief, Anthony I. Giacobbe, Zeichner Ellman & Krause LLP, New York, NY.
Case number: 14‐2668‐cv

Cite as: Benzemann v. Citibank N.A., 14‐2668‐cv, NYLJ 1202742986754, at *1 (2d Cir., Decided November 16, 2015) CASENAME Alexander A. Benzemann, Plaintiff‐Appe

Benzemann v. Citibank N.A., 14‐2668‐cv
Publication Date: 2015-11-20
Practice Area:
Industry:
Court: U.S. Court of Appeals, Second Circuit
Judge: Before: Cabranes, Pooler, and Chin, C.JJ.
Attorneys:
For plaintiff: For Plaintiff‐Appellant Alexander A. Benzemann: Edward P. Kelly, on the brief, Andrew L. Tiajoloff, Tiajoloff & Kelly LLP New York, NY.
For defendant: For Defendants‐Appellees Houslanger & Associates, PLLC and Todd E. Houslanger: Eric B. Post, on the brief, Robert J. Bergson, Abrams Garfinkel Margolis Bergson, LLP, New York, NY. For Defendant‐Appellee Citibank, N.A.: Barry J. Glickman, on the brief, Anthony I. Giacobbe, Zeichner Ellman & Krause LLP, New York, NY.
Case number: 14‐2668‐cv

Cite as: Benzemann ibank, 14‐2668‐cv, NYLJ 1202742618967, at *1 (2d Cir., Decided November 16, 2015)CASE NAMEAlexander A. Benzemann, Plaintiff‐Appellant

November 19, 2015 |

Circuit Clarifies Statute of Limitations on Debt Claims

The clock for claims under the Fair Debt Collection Practices Act starts running when the bank freezes a debtor's account, not when the notice of debt is served, a federal appeals court has held.
3 minute read
November 19, 2015 | Law.com

Circuit Clarifies Statute of Limitations on Debt Claims

The clock for claims under the Fair Debt Collection Practices Act starts running when the bank freezes a debtor's account, not when the notice of debt is served, a federal appeals court has held.
3 minute read
November 06, 2015 |

Judge Tosses 'Sophisticated' Investor's Fraud Claim

An investor who claimed he was defrauded of $4 million had his case dismissed by Manhattan Commercial Division Justice Anil Singh, who said it is "not the court's role to insulate sophisticated business entities from the consequences of their own risky investments."
3 minute read
November 05, 2015 | Law.com

Judge Tosses 'Sophisticated' Investor's Fraud Claim

An investor who claimed he was defrauded of $4 million had his case dismissed by Manhattan Commercial Division Justice Anil Singh, who said it is "not the court's role to insulate sophisticated business entities from the consequences of their own risky investments."
3 minute read
October 13, 2015 |

New Commercial Division Deposition Rule to Take Effect

New rules that seek to encourage business and government agencies to produce deponents who can most effectively address inquiries about an entity's practices with respect to the issues in the case were announced Thursday and will take effect Dec. 1.
4 minute read
October 09, 2015 | Law.com

New Commercial Division Deposition Rule to Take Effect

New rules that seek to encourage business and government agencies to produce deponents who can most effectively address inquiries about an entity's practices with respect to the issues in the case were announced Thursday and will take effect Dec. 1.
4 minute read
Proactive Dealer Services v. TD Bank, 3053/10
Publication Date: 2015-10-06
Practice Area:
Industry:
Court: Appellate Division, Second Department
Judge: Before: Leventhal, J.P., Cohen, Hinds-Radix, Duffy, JJ.
Attorneys:
For plaintiff: For appellant: Jeffrey Herzberg of counsel, Zinker & Herzberg, LLP, Hauppauge, N.Y.
For defendant: For respondents: Mark Zeichner and Ronald M. Neumann of counsel, Zeichner Ellman & Krause LLP, New York, N.Y.
Case number: 3053/10

Cite as: Proactive v. TD Bank, 3053/10, NYLJ 1202738919978, at *1 (App. Div., 2nd, Decided September 30, 2015)CASE NAMEProactive Dealer Services, Inc., Appella

October 05, 2015 |

Panel Finds Factual Issue in Testimony on Withdrawal

A divided Second Department panel ruled a bank had presented an issue of fact as to whether it had properly debited a customer's checking account for $50,000 based on a phone authorization the customer denied ever giving.
2 minute read

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