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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Sykes v. RBS Citizens, N.A., 2 F. Supp. 3d 128 (2014)

Citation
Sykes v. RBS Citizens, N.A., 2 F. Supp. 3d 128 (2014)
Parent Document
Sykes v. RBS Citizens, N.A., 2 F. Supp. 3d 128 (2014)
Jurisdiction
New Hampshire (state)
Effective Date
2014-03-04

Other Sections in This Document (127)

Full Text

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The bank defendants argue that because Sykes’s fraud claim fails, so too does his civil conspiracy claim which is based on the same allegations. Sykes’s civil conspiracy claim against BNYM and Citibank, however, is not based on the same allegations as his fraud claim. Sykes alleges that BNYM and Citibank agreed to initiate the posses-sory action and to hide from Sykes that the action was proceeding in order to conceal from him his legal rights. Those allegations are different than those that were made in support of Sykes’s fraud claim. The bank defendants do not make any argument concerning the sufficiency of Sykes’s allegations as to the possessory action. Accordingly, the amended complaint states a civil conspiracy claim against BNYM and Citibank.