On March 30, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Andrew M Romano,
and
Bank Of America Corporation,
Bank Of America, N.A.,
for Other Matters - Contract - Other
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 05/23/2023 12:02 PM INDEX NO. 58808/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/23/2023
Shan P. Massand
MCGUIREWOODS LLP
1251 Avenue of the Americas, 20th Floor
New York, New York 10020
(212) 548-2100
smassand@mcguirewoods.com
Attorneys for Defendants Bank of America, N.A. and
Bank of America Corporation
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
----------------------------------------------------------------- X
ANDREW M. ROMANO, : Index No.: 58808/2023
:
Plaintiff, :
: NOTICE OF MOTION TO
-against- : DISMISS
:
BANK OF AMERICA, N.A., and BANK OF :
AMERICA CORPORATION, :
:
Defendants. :
----------------------------------------------------------------- X
PLEASE TAKE NOTICE that, upon the accompanying Affirmation of Shan P. Massand
in Support of Motion to Dismiss, dated May 23, 2023, and all exhibits attached thereto, the
accompanying Memorandum of Law, and upon all prior pleadings and proceedings had herein,
Defendants Bank of America, N.A. (“BANA”) and Bank of America Corporation (“BAC”)1
(together, “Defendants”), shall move this Court at an IAS Part to be determined, at the Westchester
County Courthouse located at 111 Dr. Martin Luther King Jr. Blvd., White Plains, New York
10601, or by videoconference, on June 30, 2023 at 10:00 a.m., or as soon thereafter as counsel can
be heard, for (1) an order dismissing Plaintiff’s Complaint with prejudice; and (2) granting such
other and further as the Court deems just.
1
BAC is the ultimate corporate parent of BANA. BAC is not a bank and does not maintain consumer bank
accounts. BANA, not BAC, therefore, is the only proper defendant in this action.
1
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FILED: WESTCHESTER COUNTY CLERK 05/23/2023 12:02 PM INDEX NO. 58808/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/23/2023
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b), BANA demands
that answering papers, if any, be served upon the undersigned on or before seven (7) days prior to
the return date of the this motion, whereupon reply papers, if any, shall be served upon all parties
on or before one (1) day prior to the return date of this motion.
Dated: New York, New York
May 23, 2023
MCGUIREWOODS LLP
By: /s/ Shan Massand
Shan P. Massand
1251 Avenue of the Americas, 20th Floor
New York, New York 10020
(212) 548-2100
smassand@mcguirewoods.com
Attorneys for Defendants Bank of America,
N.A. and Bank of America Corporation
TO: Robert F. Zerilli, Esq.
Law Office of Robert F. Zerilli
55 Main Street, 3rd Floor
Yonkers, New York 10701
Attorney for Plaintiff Andrew M. Romano
2
137588843_1
2 of 2
Document Filed Date
May 23, 2023
Case Filing Date
March 30, 2023
Category
Other Matters - Contract - Other
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FILED: WESTCHESTER COUNTY CLERK 05/23/2023 12:02 PM INDEX NO. 58808/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/23/2023 Shan P. Massand MCGUIREWOODS LLP 1251 Avenue of the Americas, 20th Floor New York, New York 10020 (212) 548-2100 smassand@mcguirewoods.com Attorneys for Defendants Bank of America, N.A. and Bank of America Corporation SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ----------------------------------------------------------------- X ANDREW M. ROMANO, : Index No.: 58808/2023 : Plaintiff, : : NOTICE OF MOTION TO -against- : DISMISS : BANK OF AMERICA, N.A., and BANK OF : AMERICA CORPORATION, : : Defendants. : ----------------------------------------------------------------- X PLEASE TAKE NOTICE that, upon the accompanying Affirmation of Shan P. Massand in Support of Motion to Dismiss, dated May 23, 2023, and all exhibits attached thereto, the accompanying Memorandum of Law, and upon all prior pleadings and proceedings had herein, Defendants Bank of America, N.A. (“BANA”) and Bank of America Corporation (“BAC”)1 (together, “Defendants”), shall move this Court at an IAS Part to be determined, at the Westchester County Courthouse located at 111 Dr. Martin Luther King Jr. Blvd., White Plains, New York 10601, or by videoconference, on June 30, 2023 at 10:00 a.m., or as soon thereafter as counsel can be heard, for (1) an order dismissing Plaintiff’s Complaint with prejudice; and (2) granting such other and further as the Court deems just. 1 BAC is the ultimate corporate parent of BANA. BAC is not a bank and does not maintain consumer bank accounts. BANA, not BAC, therefore, is the only proper defendant in this action. 1 137588843_1 1 of 2 FILED: WESTCHESTER COUNTY CLERK 05/23/2023 12:02 PM INDEX NO. 58808/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/23/2023 PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b), BANA demands that answering papers, if any, be served upon the undersigned on or before seven (7) days prior to the return date of the this motion, whereupon reply papers, if any, shall be served upon all parties on or before one (1) day prior to the return date of this motion. Dated: New York, New York May 23, 2023 MCGUIREWOODS LLP By: /s/ Shan Massand Shan P. Massand 1251 Avenue of the Americas, 20th Floor New York, New York 10020 (212) 548-2100 smassand@mcguirewoods.com Attorneys for Defendants Bank of America, N.A. and Bank of America Corporation TO: Robert F. Zerilli, Esq. Law Office of Robert F. Zerilli 55 Main Street, 3rd Floor Yonkers, New York 10701 Attorney for Plaintiff Andrew M. Romano 2 137588843_1 2 of 2