United States Second Circuit

Dismissal of plaintiff's complaint which alleged that defendants fraudulently procured a mortgage on her home, and thereafter sought to foreclose on that mortgage, in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), the Equal Credit Opportunity Act, the Truth in Lending Act (TILA), the New York General Business Law, and common law, claims which she had failed to disclose in a 2006 bankruptcy case, is: 1) reversed in part, where plaintiff has standing to pursue her present claims because her 2006 bankruptcy petition was dismissed and judicial estoppel was not applicable; 2) vacated in part and remanded, as to the claims for common-law fraud and violation of the TILA; but 3) affirmed in part, as to the dismissal of the remaining claims on the ground that plaintiff failed to adduce evidence of genuine issues of material fact for trial.

Appellate Information

• Decided 07/11/2014
• Published 07/11/2014

Judges

• KEARSE

Court

• United States Second Circuit

Counsel