DVL, INC. v. MUTNICK

No. 98Civ. 8393(MBM).

103 F.Supp.2d 293 (2000)

DVL, INC., f/k/a Del-Val Financial Corporation, Plaintiff, v. Jeffrey S. MUTNICK, Defendant.

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

July 6, 2000.


Attorney(s) appearing for the Case

Jonathan M. Herman, Moon S. Kim, Dorsey & Whitney LLP, New York, NY, for Plaintiff.

Jacobs & Simms, New York, NY, for Plaintiff.

Robert E. Deright, Jr., New York, NY, for Defendant.


OPINION AND ORDER

MUKASEY, District Judge.

Plaintiff DVL, Inc. sues defendant Jeffrey Mutnick for breach of contract based on Mutnick's failure to make payments due under a promissory note that he signed in 1985. Mutnick moves for summary judgment pursuant to Fed.R.Civ.P. 56(c) on the ground that DVL's claim is time-barred. DVL cross-moves for summary judgment, arguing that when Mutnick joined a class action settlement in 1992, he made a new

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