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INN AT SARATOGA ASSOCIATES v. F.D.I.C.

No. 91-CV-145 (LPG).

856 F.Supp. 111 (1994)

The INN AT SARATOGA ASSOCIATES, a New York limited partnership, Myra Rynderman, as administratrix of the estate of Monia S. Rynderman, William F. Chandler, Steven N. Fischer, Roy Fischer, John S. Gijanto, Lawrence A. Kotlow, Richard G. Kotlow and John E. Wolfgang, individually, Plaintiffs, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver of Bank of New England, N.A., Defendant.

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

June 27, 1994.

Attorney(s) appearing for the Case

Phillip G. Steck, Cooper, Erving, Savage, Nolan & Heller, Albany, NY, for plaintiffs.

Christopher Massaroni, DeGraff, Foy, Holt-Harris & Mealey, Albany, NY, for defendant.

OPINION & ORDER

GAGLIARDI, Senior District Judge.

Plaintiffs commenced this action against Berkshire Bank & Trust Company ("Bank") in August 1986 in New York State Supreme Court, Albany County, raising several contract and tort claims. All of Plaintiffs' claims stem from an alleged contract between Plaintiffs and the Bank for a $1.3 million mortgage loan. In a letter dated June 2, 1994, the FDIC requested judgment in its favor, claiming protection...

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