District Court, E.D. New York May 7, 2001, CV 97-2833(ADS) (Schwartz v. Chan)

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

I.

BACKGROUND

On May 19, 1997, Howard Schwartz (“Schwartz” or the “plaintiff’) initiated this action by filing a complaint, in which he alleged, among other things, deceptive trade practices and negligent and intentional infliction of emotional distress by FCC National Bank, Midlantic Process, Inc., Alex Chan, and Upton, Cohen & Sla-mowitz.