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Dammers v. Wells Fargo Bank N.A.

Issue Exists if CDs Were Time Deposit 'Customer Receipts' Not Promissory Notes

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OPINION AND ORDER

*1 Plaintiffs Steven W. Dammers (“S. Dammers”) and Judith I. Dammers (“J. Dammers”) (collectively “Plaintiffs”) commenced this action in the New York State Supreme Court, Westchester County, by filing a Motion for Summary Judgment in lieu of a complaint, pursuant to C.P.L.R. §3213, seeking recovery of monies alleged owed on two Certificates of Deposit (“CD”). Defendant Wells Fargo Bank, N.A. (“Defendant” or “Wells Fargo”), removed the action from state court pursuant to 28 U.S.C. §§1332, 1441, and 1446. Defendant also filed its opposition to Plaintiff’s Motion for Summary Judgment. For the following reasons, Plaintiffs’ motion is DENIED.STANDARD OF REVIEWC.P.L.R. §3213 provides, in relevant part, that a Plaintiff may commence an action based upon an instrument for the payment of money only or upon any judgment by serving with the summons a notice of Motion for Summary Judgment and the supporting papers in lieu of a complaint. C.P.L.R. §3213 is intended to be a streamlined procedure, combining pleading and motion practice in one step, prior to joinder of issue, under limited circumstances. See Weissman

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