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GOLDEN FIRST MORTGAGE CORP. v. BERGER

No. CV 01-4549(ADS)(ETB).

251 F.Supp.2d 1132 (2003)

GOLDEN FIRST MORTGAGE CORP., f/k/a Golden National Mortgage Banking Corp., Plaintiff, v. Mitchell H. BERGER, Esq., Stewart Dahan, Edward Dahan, Sholom "Sol" Moskowitz, Brent W. Hinds, Zakiyah S. Islam, Terri Cooper, Michael D. Towns, Rosemarie Tassielli, 21st Century Mortgage, Inc., Dahan & Associates, Inc., Dahan & Associates Mortgage Company, LLC, Dahan & Associates Credit Repair Corp., Selective Realty Inc., Hassan Abdullah, American Dream Realty, LLC, and Yank Amendola, Defendants.

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

March 10, 2003.

Attorney(s) appearing for the Case

Thaler & Gertler, LLP, Westbury, NY (Harold J. Levy, of Counsel), for Plaintiff.

Newman, Fitch, Attheim, Myers, P.C., New York, NY (John F. Loccisano, Vanessa M. Corchia, of Counsel), for Defendant, Mitchell H. Berger.

Dahan & Nowick, New York, NY (David R. Taxin, of Counsel), for Edward Dahan, Stewart Dahan, Sol Moskowitz, Dahan & Associates, Inc., Dahan & Assoc. Mort. Co., LLC, Dahan & Assoc. Credit Repair Corp., 21st Century Mort. Inc., defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

On July 9, 2001, Golden First Mortgage Corp., f/k/a Golden National Mortgage Banking Corp. ("Golden First" or the "plaintiff) commenced this diversity action by filing a complaint alleging fraud and breach of contract in regard to certain loans and the sale of certain properties. Presently before the Court is (1) a motion to dismiss the amended complaint by Stewart Dahan, Edward Dahan, Dahan & Associates...

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