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Longo v. KeyBank Nat'l Assn.

Breach Claims Over Bank's Failure to Pay Interest on CDs It Escheated to State Survive

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OPINION AND ORDER In 1993, Barbara Longo opened two certificate-of-deposit accounts (sometimes referred to as “CDs”) with Fourth Federal Savings Bank (“FFSB”). The accounts, by their express terms, were to accrue interest monthly and renew automatically every 60 months.In 2002, Union State Bank (“USB”) acquired FFSB and its accounts, including Longo’s. However, shortly after acquiring FFSB, USB stopped paying interest on Longo’s accounts.In 2008, KeyBank National Association (“KeyBank”) acquired USB and, consequently, Longo’s accounts. Like USB, KeyBank did not pay interest on Longo’s accounts. Eventually, in late 2013, KeyBank escheated Longo’s accounts to the State of New York.In 2018, Longo brought the instant suit, alleging breach of contract claims against KeyBank as an individual and successor-in-interest to USB for failing to pay interest on her accounts and for eventually escheating the accounts to the State of New York.In lieu of a formal answer, KeyBank has moved to dismiss Longo’s complaint for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons explained below, KeyBank’s motion is DENIED.I. BACKGROUND1In 1993, Plaintiff Barbara Longo opened two CD accounts with FFSB. One account, ending in 2462 (“Account 2462″), contained $151,186.48; the other account, ending in 2463 (“Account 2463″), contained $104,114.80. Doc. 4

7-8. The CDs provided that each account would accrue interest at a rate of 5.2 percent per annum, and that FFSB would distribute earnings on the last business day of each month for an initial term of 60 months, at which point each account would mature. Doc. 4-1; see also Doc. 4 9. The “Initial Maturity Date” for both accounts was February 27, 1998. Doc. 4

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