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RESOLUTION TRUST CORP. v. J.F. ASSOCIATES

No. 92-CV-1292.

813 F.Supp. 951 (1993)

RESOLUTION TRUST CORPORATION, as Receiver for Columbia Banking Federal Savings & Loan Association and Resolution Trust Corporation, as Conservator for Columbia Banking Federal Savings Association, Plaintiff, v. J.F. ASSOCIATES, a New York General Partnership; Edward R. Feinberg; Rex S. Ruthman; Jerome Rosen; Catlyn & Derzee, Inc.; Kings Carpentry, Inc.; Gerrity Company, Incorporated; the Travelers Insurance Company; John Doe and Mary Doe, fictitious defendants intending to describe any and all tenants or occupants of the subject premises, Adams Station Commons, Inc., Defendants. J.F. ASSOCIATES, INC.; Catlyn & Derzee, Inc.; and Adams Station Commons, Inc., Third Party Plaintiffs, v. TRIAD FUNDINGS, INC., Third Party Defendants.

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

February 22, 1993.

Attorney(s) appearing for the Case

Harter, Secrest & Emery, Rochester, NY for plaintiff; (Fred G. Athen, Jr., Maureen T. Alston, of counsel).

Edward R. Feinberg, Delmar, NY, for defendants and third party-plaintiffs J.F. Associates, Feinberg, Ruthman, Rosen, Catlyn & Derzee, Inc., Adams Station Commons, Inc.

Brekell, Couch, Law Firm, Albany, NY, for defendant Gerrity Co., Inc.; Mark W. Couch, of counsel.

DECISION AND ORDER

McAVOY, District Judge.

On January 11, 1993, motions in the above captioned case were heard by the undersigned at a motion term in Albany, New York. In response thereto, the court issued a bench decision to all noticed motions except the plaintiff's cross-motion to dismiss defendant's counterclaims on which the court reserved decision. This Decision and Order disposes of this matter now.

I. BACKGROUND

The facts of the...

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