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FEDERAL HOME LOAN MORTG. v. DUTCH LANE ASSOCIATES

No. 90 Civ. 7623 (GLG).

775 F.Supp. 133 (1991)

FEDERAL HOME LOAN MORTGAGE CORPORATION, Plaintiff, v. DUTCH LANE ASSOCIATES, Morton L. Ginsberg, MLG Properties, Inc., Patrick McArdle, d/b/a A & P Maintenance, Village of Spring Valley, People of the State of New York, and John Doe No. 1 to 77, Defendants. The names of the John Doe defendants being fictitious and unknown to Plaintiff, the persons and entities intended being parties having an interest in or lien against the premises sought to be foreclosed herein, as owner, tenant, or otherwise.

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

October 16, 1991.

Attorney(s) appearing for the Case

Cooper, Liebowitz, Royster & Wright, Elmsford, Thomas B. Decea, of counsel, for plaintiff.

Harvis Trien & Beck, New York City, Robert Trien, of counsel, for defendants.

OPINION

GOETTEL, District Judge.

Plaintiff Federal Home Loan Mortgage Corporation has commenced this action against Dutch Lane Associates, et al for foreclosure on a mortgage, sale of the mortgaged property, and collection of rents past due and as yet unreceived from defendants.

I. FACTUAL BACKGROUND

In May 1985, defendant Dutch Lane Associates ("Dutch Lane") executed a Consolidated Mortgage and a Consolidated Note with Raritan Valley...

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