Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Cretcher v. U.S. Bank N.A.

Water Leak Claims Sustain Trespass, But Bank Did Not Breach Duty Under Negligence Theory

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM AND ORDER Plaintiffs Lilia Cretcher and Douglas Horton assert claims against Defendant U.S. Bank for negligence, trespass, and private nuisance under New York state law. Defendant moves pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the complaint in its entirety. BACKGROUND1 Plaintiffs reside at 74 Cedar St., Brooklyn, New York, 11221 (“74 Cedar”), a single-family residential property they purchased in November of 2016. (Compl. 6, ECF No. 1.) 74 Cedar shares a central inner wall with 72 Cedar Street (“72 Cedar”). (Id. 15.) Together, the two single-family homes form a single freestanding structure. (Id.) Plaintiffs allege that 72 Cedar has been legally abandoned and in considerable disrepair since at least November 2016 and remains in the same “disintegrating condition” today. (Id. 26.) The legal owner of 72 Cedar is deceased, 72 Cedar has been vacant since at least November 2016, and Defendant is the mortgagee of 72 Cedar. (Id.

17-25.) Plaintiffs allege Defendant violated New York Real Property Actions and Proceedings Law (“RPAPL”) §1308, which requires mortgagees to maintain “vacant and abandoned one-to-four-family residential real property,” and makes them liable for damages caused by their failure to do so. (Id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Multifamily Fall 2024
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
California Legal Awards 2024
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
Texas Legal Awards 2024
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
Go to Events Go to Webcasts
ATTORNEYS -Cherry Hill and Middletown, NJ

Kent & McBride, P.C. a Civil Defense litigation firm with offices in both Cherry Hill, NJ and Middletown, NJ seeks to fill the following...


Apply Now ›
Appellate Division Clerk (Court Executive 3B)

When you come to work for New Jersey Judiciary you will join an 8500-member strong TEAM that operates with the highest standards of independ...


Apply Now ›
Director of Trial Court Services (Court Executive 4)

When you come to work for New Jersey Judiciary you will join an 8500-member strong team that operates with the highest standards of independ...


Apply Now ›
Go to Lawjobs