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WASHINGTON MUTUAL BANK v. OBSIDIAN HOLDINGS, LLC

0109090/2007.

2008 NY Slip Op 32020 (U)

WASHINGTON MUTUAL BANK, Plaintiff, v. OBSIDIAN HOLDINGS, LLC, MATTHEW TOLLIN, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY HIGHWAY DEPARTMENT, and HARLEM NIGHTS VARIETY, Defendants.

Supreme Court of the State of New York, New York County.

July 11, 2008.

DECISION and ORDER

SHIRLEY WERNER KORNREICH, J.:

Defendant Obsidian Holdings, LLC ("Obsidian"), on order to show cause, moves to set aside and vacate the Receiver and dismiss the complaint of plaintiff Washington Mutual Bank brought to foreclose a mortgage lien. Plaintiff opposes. In support each party submits an attorney's affirmation and exhibits.

History and Facts

Plaintiff is the owner and holder of the note and mortgage for premises...

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