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AMBOY NAT. BANK v. GENERALI — U.S. BRANCH

Civ. No. 95-1784 (WHW).

930 F.Supp. 1053 (1996)

AMBOY NATIONAL BANK, Plaintiff, v. GENERALI — U.S. BRANCH a/k/a the General Insurance Co. of Trieste and Venice and Citibank, N.A., Defendants. CITIBANK, N.A., Third-Party Plaintiff, v. MIDLANTIC BANK, N.A., William Somers, Jr. and Somers Associates, Third-Party Defendants. MIDLANTIC BANK, N.A., Fourth-Party Plaintiff, v. William SOMERS, Jr., Somers Associates, Inc., and the Resolution Trust Corp., as Receiver for the Hansen Savings Bank, SLA, and Collective Bank, Fourth-Party Defendants. The RESOLUTION TRUST CORP., Third-Party Plaintiff, v. William SOMERS, Jr., and Somers Associates, Inc., Third-Party Defendants. GENERALI — U.S. BRANCH, Fifth-Party Plaintiff, v. William SOMERS, Jr., and Somers Associates, Inc., Fifth-Party Defendants. William SOMERS, Jr., Fifth-Party Plaintiff, v. George SHARPF, Olive Bray, George Brennan, Joseph Disepio, Jonathan Heilbrunn, Frank Kurzawa, Robert O'Donnell, Melvin Safran, Estate of Ernest Sharpf, Harold Smith, Carmen Yacuzzio and John Doe(s), Fictitious Name(s), Fifth-Party Defendants.

United States District Court, D. New Jersey.

June 27, 1996.

Attorney(s) appearing for the Case

Gary Trachten, Kudman, Trachten & Kessler, New York City, for Plaintiff Amboy.

William A. Somers, South River, N.J., Third, Fourth and Fifth Party Defendant, and Fifth-Party Plaintiff, pro se.

Jeanette Hoffman, Engleman & Hoffman, Keyport, N.J., for Third, Fourth and Fifth Party Defendant, and Fifth-Party Plaintiff Somers Associates, Inc.

Ronald T. Michioka, Lester Schwab Katz & Dwyer, Millburn, N.J., for Defendant and Fifth-Party Plaintiff Generali — U.S. Branch s/h/a "Generali — U.S. Branch a/k/a The General Insurance Company of Trieste & Venice."

Daniel J. Zirrith, Wong, Tsai & Fleming, Edison, N.J., for Fourth-Party Defendants and Third-Party Plaintiffs Federal Deposit Insurance Corporation, as successor in interest to, Resolution Trust Corporation, as Receiver for Hansen Savings Bank, SLA and Collective Bank.

Michael L. Slonim, Zeichner Ellman & Krause, Hackensack, N.J., for Defendant and Third-Party Plaintiff Citibank, N.A.

John A. Nocera, Ann M. LaCarrubba, Princeton, N.J., for Third-Party Defendant and Fourth-Party Plaintiff Midlantic National Bank.

WALLS, District Judge.

This matter comes before the Court on the motion for summary judgment of fourth and fifth-party defendants and fifth-party plaintiffs William A. Somers' ("Somers") and Somers Associates, Inc.'s ("Somers Associates") against plaintiff Amboy National Bank ("Amboy"); on Amboy's cross-motion for summary judgment against Somers; on third-party defendant and fourth-party plaintiff Midlantic Bank, N.A.'s ("Midlantic") motion for summary judgment against...

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