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This case was last updated from PACER on 06/18/2021 at 09:46:38 (UTC).

Capital One Bank (USA) N.A. v. Gross et al

Case Summary

On April 19, 2021, Capital One Bank (USA), N.A. (“Capital One” or “Plaintiff”), represented by Stephen Jay Steinlight of Troutman Pepper Hamilton Sanders LLP, filed a contract lawsuit against Kent Gross, Esq. (“Gross”) and Christine Antione (“Antoine”) (collectively, the “Claimants” or “Defendants”), seeking enjoinment, dismissal and payment of account funds for alleged resolving inconsistent or disputed claims to funds associated with a Capital One account of a now-deceased customer. This case was filed in the U.S. District Court for the Eastern District of New York with Judges Cheryl L. Pollak and Frederic Block presiding. 

 

In its complaint, the Plaintiff alleged that, “William Witkin (“Decedent”) died on November 10, 2020. Decedent was a customer of Capital One and was the account holder of a savings account ending in 0868 (the “Account”). At the time of his death, Decedent’s Account maintained a balance of approximately $478,000.00 (the “Account Funds”). Prior to his death, on March 16, 2020, Decedent named Antoine as the sole beneficiary of the Account. Following Decedent’s death, in or around December 2020, Antoine communicated with Capital One regarding closing the Account. In or around December 28, 2020, Antoine submitted to Capital One a Letter of Instruction, dated December 24, 2020 (the “December 24, 2020 Letter of Instruction”), directing Capital One to settle the Account and to deliver the Account Funds by check directly to Antoine at her place of residence, which was the Decedent’s Apartment. On January 8, 2021, Capital One received an email from Gross stating that he had been retained by Antoine to provide for the transfer of the Account Funds by wire. Attached to that email was a document entitled “Letter of Authority” and which was dated January 8, 2021, purportedly signed by Antoine and notarized (the “January 8, 2021 Letter of Authority”), The January 8, 2021 Letter of Authority did not instruct Capital One to deliver any the Accounts Funds to Gross or his law firm.”

 

The Plaintiff also alleged that, “In response, on January 13, 2021, Capital One emailed Gross and stated that Capital One was closing the Account and sending the Account Funds to the address as provided to Capital One by Antoine in the December 24, 2020 Letter of Instruction. Gross responded by email to Capital One on that same date, January 13, 2021, and stated that Capital One should “refrain from sending [the Accounts Funds to Antoine at the Apartment] at this time” and that the Account Funds should be transferred by “a check made out to [Antoine], and to our law firm, Kent Gross, Esq. jointly and sent” to Gross’s law firm, the Law Office of Quogue Law. On March 9, 2021, Antoine sent a series of emails to Capital One objecting to Capital One’s potential delivery of the Account Funds to Gross and his law firm. Specifically, Antoine stated, “The last time I checked my name was on the check NOT THE LAWYER [Gross]. I AM THE BENEFICIARY NOT THE LAWYER [Gross]” and “AGAIN I DON'T HAVE TO LIKE WHAT THE LAWYER [Gross] IS DOING.”

 

In its prayer for relief, the Plaintiff has requested the Court to requiring the Defendants to answer this complaint in Interpleader, to enjoin the Defendants from instituting or prosecuting any proceeding against Capital One in any State or Federal court concerning the account, to permit Capital One to deposit the account Funds into the Court, and to dismiss Capital One from this suit with prejudice and forever discharging Capital One from any and all further liability to Defendants relating in any way to the account upon payment of the account funds. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-02118

  • Filing Date:

    04/19/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Eastern District

Judge Details

Referral Judge

Cheryl L. Pollak

Presiding Judges

Frederic Block

Diane Gujarati

 

Party Details

Plaintiff

Capital One Bank (USA) N.A.

Defendants, Cross Claimants, Cross Defendants and Counter Claimants

Christine Antoine

Brooklyn, NY 11230

Kent Gross

White Plains, NY 10606

Defendant, Counter Defendant, Cross Defendant and Counter Claimant

Kent Gross

White Plains, NY 10606

Defendant and Cross Claimant

Christine Antoine

Brooklyn, NY 11230

Attorney/Law Firm Details

Plaintiff Attorney

Stephen Jay Steinlight

Attorney at Troutman Pepper Hamilton Sanders LLP

875 Third Avenue

New York, NY 10022

Defendant, Cross Claimant, Cross Defendant and Counter Claimant Attorneys

Philip G. Barber

Attorney at City Bar Justice Center

42 West 44Th Street

New York, NY 10036

Kent Gross

Attorney at Atlantic Legal Group

50 Main Street, Suite 1080

White Plains, NY 10606

Defendant, Counter Defendant, Cross Defendant and Counter Claimant Attorney

Kent Gross

Attorney at Atlantic Legal Group

50 Main Street, Suite 1080

White Plains, NY 10606

Defendant and Cross Claimant Attorney

Philip G. Barber

Attorney at City Bar Justice Center

42 West 44Th Street

New York, NY 10036

 

Court Documents

#16

(#16) SCHEDULING ORDER: An Initial Conference is set for 7/22/2021 @ 10:45 AM before Chief Magistrate Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 10:45 AM. Enter Access code: 380-1746 and security code: 20-2118. So Ordered by Chief Magistrate Cheryl L. Pollak on 6/14/2021. (Caggiano, Diana) (Entered: 06/14/2021)

#15

(#15) NOTICE of Appearance by Philip G. Barber on behalf of Christine Antoine (aty to be noticed) (Barber, Philip) (Entered: 06/10/2021)

#14

(#14) ANSWER to #12 Answer to Complaint, Crossclaim, #1 Complaint, , ANSWER to #12 Answer to Complaint, Crossclaim, #1 Complaint, , COUNTERCLAIM against Kent Gross by Kent Gross. (Gross, Kent) (Entered: 06/10/2021)

#13

(#13) Letter MOTION for Hearing . Letter dated 5/24/2021 from Christine Antoine to Judge Block, requesting that the Court grant deft's pro bono limited scope settlement counsel, Philip Barber, a volunteer with the City Bar Justice Center, permission to file the attached limited notice of appearance for settlement purposes and that the Court refer this case for a mediation or alternatively for a settlement conference before the assigned magistrate judge, filed by Christine Antoine. (Galeano, Sonia) (Entered: 05/25/2021)

#12

(#12) ANSWER to #1 Complaint and CROSSCLAIM against Kent Gross filed by Christine Antoine. (Galeano, Sonia) (Entered: 05/19/2021)

#11

(#11) Summons Returned Unexecuted by Capital One Bank (USA) N.A. as to Kent Gross. (Steinlight, Stephen) (Entered: 05/13/2021)

#10

(#10) SUMMONS Returned Executed by Capital One Bank (USA) N.A.. Kent Gross served on 5/5/2021, answer due 5/26/2021. (Steinlight, Stephen) (Entered: 05/13/2021)

#9

(#9) SUMMONS Returned Executed by Capital One Bank (USA) N.A.. Christine Antoine served on 4/29/2021, answer due 5/20/2021. (Steinlight, Stephen) (Entered: 05/13/2021)

#7

(#7) Proposed Summons. Re #1 Complaint, by Capital One Bank (USA) N.A. (Steinlight, Stephen) (Entered: 05/03/2021)

#6

(#6) Summons Issued as to Christine Antoine. (Galeano, Sonia) (Entered: 04/22/2021)

#5

(#5) Summons Issued as to Kent Gross. (Galeano, Sonia) (Entered: 04/22/2021)

4 #1

Civil Cover Sheet

#4

(#4) Proposed Summons.Civil Cover Sheet.. Re #1 Complaint, by Capital One Bank (USA) N.A. (Attachments: #1 Civil Cover Sheet) (Steinlight, Stephen) (Entered: 04/21/2021)

#3

(#3) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 04/19/2021)

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT against Christine Antoine, Kent Gross filing fee $ 402, receipt number ANYEDC-14387215 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Capital One Bank (USA) N.A.. (Attachments: #1 Civil Cover Sheet) (Steinlight, Stephen) (Entered: 04/19/2021)

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Docket Entries

  • 06/14/2021
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  • Docket(#16) SCHEDULING ORDER: An Initial Conference is set for 7/22/2021 @ 10:45 AM before Chief Magistrate Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 10:45 AM. Enter Access code: 380-1746 and security code: 20-2118. So Ordered by Chief Magistrate Cheryl L. Pollak on 6/14/2021. (Caggiano, Diana) (Entered: 06/14/2021)

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  • 06/10/2021
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  • Docket(#15) NOTICE of Appearance by Philip G. Barber on behalf of Christine Antoine (aty to be noticed) (Barber, Philip) (Entered: 06/10/2021)

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  • 06/10/2021
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  • Docket(#14) ANSWER to #12 Answer to Complaint, Crossclaim, #1 Complaint, , ANSWER to #12 Answer to Complaint, Crossclaim, #1 Complaint, , COUNTERCLAIM against Kent Gross by Kent Gross. (Gross, Kent) (Entered: 06/10/2021)

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  • 05/28/2021
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  • DocketORDER granting #13 Motion for Hearing -- Defendant Christine Antoine's pro bono limited scope settlement counsel, Philip Barber, may enter the proposed limited notice of appearance. Thereafter, Defendant should direct her request for a settlement conference and/or a mediation referral to Magistrate Judge Pollak. The Clerk of Court is respectfully directed to mail a copy of this Order to pro se Plaintiff. Ordered by Judge Diane Gujarati on 5/28/2021. (Almonte, Kelly) (Entered: 05/28/2021)

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  • 05/25/2021
  • DocketORDER REASSIGNING CASE. Case reassigned to Judge Diane Gujarati for all further proceedings. Judge Frederic Block no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Margo K. Brodie on 5/25/2021. (Bowens, Priscilla) (Entered: 05/25/2021)

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  • 05/24/2021
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  • Docket(#13) Letter MOTION for Hearing . Letter dated 5/24/2021 from Christine Antoine to Judge Block, requesting that the Court grant deft's pro bono limited scope settlement counsel, Philip Barber, a volunteer with the City Bar Justice Center, permission to file the attached limited notice of appearance for settlement purposes and that the Court refer this case for a mediation or alternatively for a settlement conference before the assigned magistrate judge, filed by Christine Antoine. (Galeano, Sonia) (Entered: 05/25/2021)

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  • 05/18/2021
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  • Docket(#12) ANSWER to #1 Complaint and CROSSCLAIM against Kent Gross filed by Christine Antoine. (Galeano, Sonia) (Entered: 05/19/2021)

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  • 05/13/2021
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  • Docket(#11) Summons Returned Unexecuted by Capital One Bank (USA) N.A. as to Kent Gross. (Steinlight, Stephen) (Entered: 05/13/2021)

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  • 05/13/2021
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  • Docket(#10) SUMMONS Returned Executed by Capital One Bank (USA) N.A.. Kent Gross served on 5/5/2021, answer due 5/26/2021. (Steinlight, Stephen) (Entered: 05/13/2021)

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  • 05/13/2021
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  • Docket(#9) SUMMONS Returned Executed by Capital One Bank (USA) N.A.. Christine Antoine served on 4/29/2021, answer due 5/20/2021. (Steinlight, Stephen) (Entered: 05/13/2021)

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  • 05/03/2021
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  • Docket(#8) Summons Issued as to Kent Gross. (Galeano, Sonia) (Entered: 05/03/2021)

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  • 05/03/2021
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  • Docket(#7) Proposed Summons. Re #1 Complaint, by Capital One Bank (USA) N.A. (Steinlight, Stephen) (Entered: 05/03/2021)

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  • 04/22/2021
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  • Docket(#6) Summons Issued as to Christine Antoine. (Galeano, Sonia) (Entered: 04/22/2021)

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  • 04/22/2021
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  • Docket(#5) Summons Issued as to Kent Gross. (Galeano, Sonia) (Entered: 04/22/2021)

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  • 04/21/2021
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  • Docket(#4) Proposed Summons.Civil Cover Sheet.. Re #1 Complaint, by Capital One Bank (USA) N.A. (Attachments: #1 Civil Cover Sheet) (Steinlight, Stephen) (Entered: 04/21/2021)

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  • 04/19/2021
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  • Docket(#3) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 04/19/2021)

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  • 04/19/2021
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  • Docket(#2) In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 04/19/2021)

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  • 04/19/2021
  • DocketCase Assigned to Judge Frederic Block and Chief Magistrate Cheryl L. Pollak. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) (Entered: 04/19/2021)

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  • 04/19/2021
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  • Docket(#1) COMPLAINT against Christine Antoine, Kent Gross filing fee $ 402, receipt number ANYEDC-14387215 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Capital One Bank (USA) N.A.. (Attachments: #1 Civil Cover Sheet) (Steinlight, Stephen) (Entered: 04/19/2021)

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