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WBCMT 2007-C33 NY LIVING, LLC v. 1145 CLAY AVE. OWNER. LLC

No. 13 Civ. 2222(WHP).

964 F.Supp.2d 265 (2013)

WBCMT 2007-C33 NY LIVING, LLC, Plaintiff, v. 1145 CLAY AVENUE OWNER, LLC et al., Defendants.

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

July 30, 2013.

Attorney(s) appearing for the Case

Gregg L. Weiner, Esq., Jesse Loffler, Esq., Michael Mandelstam, Esq., Fried, Frank, Harris, Shriver & Jacobson, New York, NY, for Plaintiff.

Jacob S. Pultman, Esq., Bradley S. Pensyl, Esq., Allen & Overy, LLP, New York, NY, for the Borrower Defendants.

MEMORANDUM & ORDER

WILLIAM H. PAULEY III, District Judge:

Plaintiff WBCMT 2007-C33 NY Living, LLC brings this diversity action to foreclose on a $133 million mortgage against thirty-six LLCs ("Borrower Defendants"); a guarantor, David Kramer; and nine creditors who may possess security interests in the mortgage. The mortgaged properties include forty multi-family residential properties in New York. The Borrower Defendants move to dismiss for lack...

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