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HSA Residential Mortgage Services of Texas v. Casuccio

Fraud claims stand where plaintiff adequately alleged law firm's misrepresentations.

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Judge Spatt

HSA RESIDENTIAL MORTGAGE SERVICES OF TEXAS v. CASUCCIO — The plaintiff HSA Residential Mortgage Services of Texas ( “HSA ” or the “plaintiff ”) brings this action against the defendants Joseph Casuccio ( “Casuccio ”), Jeffrey J. Schneider ( “Schneider ”), Aaron Chaitovsky ( “Chaitovsky ”), Robert Glass ( “Glass ”), Werblin, Casuccio & Moses, P.C. (the “Werblin Firm ”) and Citrin Cooperman & Co., LLP (the “Citrin Firm ”) alleging that they prepared and approved financial statements that were intended to cover up fraudulent schemes perpetrated by AppOnline.com, Inc ( “AOP ”) and its subsidiary, Island Mortgage Network, Inc. ( “Island ”) in violation of common law negligence and fraud. Presently before the Court are two motions to dismiss the complaint pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure, one by the Werblin Firm and Casuccio and another by the Citrin Firm, Chaitovsky and Glass.

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