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COHEN v. LEHMAN BROTHERS BANK, FSB

No. 02 Civ. 1577(LAP).

273 F.Supp.2d 524 (2003)

Gerald D. COHEN, Harold C. Garnick and Richard B. Cohen, Individually and as Trustees of CGI Properties Ltd. II Realty Trust, Plaintiffs, v. LEHMAN BROTHERS BANK, FSB, Defendant.

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

July 29, 2003.

Attorney(s) appearing for the Case

Howard W. Burns, Jr., New York City, for Plaintiffs.

Brian F. McDonough, Drinker, Biddle & Reath, LLP, New York City, for Defendant.

MEMORANDUM AND ORDER

PRESKA, District Judge.

This action arises out of a failed mortgage loan transaction undertaken in connection with an attempt by plaintiff CGI Properties Ltd. II Realty Trust ("CGI") to acquire certain property in Bloomsburg, Pennsylvania. Individual plaintiffs Gerald D. Cohen, Harold C. Garnick and Richard B. Cohen are the trustees and beneficiaries of plaintiff CGI (collectively, "plaintiffs"). When the financing arrangement...

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