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BERLINER v. CROSSLAND FEDERAL SAV. BANK

No. 93. Civ. 3844 (SS).

886 F.Supp. 325 (1994)

Eric L. BERLINER, Plaintiff, v. CROSSLAND FEDERAL SAVINGS BANK, Defendant.

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

December 2, 1994.

Attorney(s) appearing for the Case

Berliner & Pilson, New York City (Richard J. Pilson, of counsel), for plaintiff.

Jacobs Persinger & Parker, New York City (Jay A. Katz, of counsel), for defendant.

OPINION AND ORDER

SOTOMAYOR, District Judge.

In this action for breach of contract and fraud in the inducement, defendant CrossLand Federal Savings Bank ("CrossLand") moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure ("Rule 56"). For the reasons discussed below, the motion to dismiss is granted in part and denied in part.

Background

CrossLand held a mortgage and mortgage note (hereinafter...

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