Lensendro v. Key Bank N.A.
3:24-cv-01108
D. Conn.Jul 15, 2024Background
- Plaintiff Laguerre Lensendro, proceeding pro se, filed a complaint against Key Bank N.A. alleging breach of contract.
- Plaintiff claimed he applied for a $125,000 personal loan (advance) from Key Bank and provided a “Bill of Exchange” as collateral.
- Key Bank allegedly did not respond to the application or process the loan request.
- Plaintiff asserted that Key Bank’s failure to respond or disburse funds constituted a breach of contract.
- Plaintiff moved to proceed in forma pauperis, demonstrating financial inability to pay fees.
- The court reviewed both plaintiff’s motion and the sufficiency of the complaint under 28 U.S.C. § 1915.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence of a contract | Lensendro claims that by applying for the advance and providing a Bill of Exchange, a contract existed. | Not stated; no response. | The court held no contract existed as there was no agreement. |
| Breach of contract | Lensendro alleges Key Bank’s silence and retention of documents amounts to breach. | Not stated. | No breach as there was no contract or mutual assent. |
| Adequacy of pleadings | Lensendro’s complaint states he was ignored after his application. | Not stated. | The complaint fails to state a plausible claim for relief. |
| Leave to amend | Not directly addressed by plaintiff. | Not stated. | Court grants leave to amend, finds amendment not futile yet. |
Key Cases Cited
- Chem-Tek, Inc. v. General Motors Corp., 816 F. Supp. 123 (D. Conn. 1993) (recites Connecticut elements for breach of contract)
- Joseph General Contracting, Inc. v. Couto, 317 Conn. 565 (Conn. App. 2010) (explains requirement for definite, mutual contract terms)
