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CAPITAL DATA CORP. v. CAPITAL NAT. BANK

No. 90 Civ. 8173 (LBS).

778 F.Supp. 669 (1991)

CAPITAL DATA CORPORATION, Plaintiff, v. CAPITAL NATIONAL BANK, New York Capital Bank, N.A., Federal Deposit Insurance Corporation, and Resolution Trust Corporation, and "John Doe and Jane Doe Nos. 1-10 Inclusive," the last ten names being fictitious and unknown to plaintiff, the person or parties intended being the tenants, occupants, persons or corporations, if any, described in the complaint herein, Defendants.

United States District Court, S.D. New York.

November 7, 1991.

Attorney(s) appearing for the Case

Anthony F. Bellucci, Flushing, N.Y., for plaintiff.

Saterlee Stephens Burke & Burke (Daniel G. Gurfein, of counsel), and Federal Deposit Ins. Corp. (Marc E. Wieman, of counsel), New York City, for defendants FDIC and RTC.

OPINION

SAND, District Judge.

This case involves Capital Data Corporation's ("CDC") efforts to foreclose on a mortgage it was allegedly given by Capital National Bank ("CNB") as collateral to secure CNB's performance on a stock purchase agreement. Because CNB was declared insolvent in July 1990, the Federal Deposit Insurance Corporation ("FDIC") and Resolution Trust Corporation ("RTC") were named as defendants in the action. On the consent of both plaintiff...

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