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MADELEINE L.L.C. v. STREET

No. 08 Civ. 10520(MGC).

757 F.Supp.2d 403 (2010)

MADELEINE L.L.C., Plaintiff, v. Brian STREET and James H. Cohen, Defendants.

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

December 23, 2010.

Attorney(s) appearing for the Case

Schulte Roth & Zabel LLP, by: Howard O. Godnick, Esq., Michael G. Cutini, Esq., Assunta Vivolo, Esq., New York, NY, for Plaintiff.

Herrick, Feinstein LLP, by: Patricia M. Graham, Esq., Raymond N. Hannigan, Esq., Frederick Schmidt, Esq., Jason A. D'Angelo, Esq., New York, NY, for Defendants.

OPINION

CEDARBAUM, District Judge.

This is a diversity action between Madeleine L.L.C., the lender of a multimillion dollar mezzanine loan, and Brian Street and James H. Cohen, the loan's guarantors. The complaint asserts two claims, denominated the First and Second Causes of Action. The parties have cross-moved for summary judgment on the second claim, which complains that the encumbrance of collateral...

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