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BLEECKER ASSOC. v. ASTORIA FED. SAV. & LOAN ASS'N

No. 81 Civ. 4618.

544 F.Supp. 794 (1982)

BLEECKER ASSOCIATES, Plaintiff, v. ASTORIA FEDERAL SAVINGS AND LOAN ASSOCIATION, Defendant, and 400 East 9th Street Corp., Max Migdol, Stephen Santaromita, Irving Braver, Christine Bravman, the People of the State of New York, the City of New York, and John Doe 1-100, said names being fictitious, the true names being unknown to counterclaim plaintiff, the persons or entities intended being the tenants, subtenants and occupants of the mortgaged premises which are the subject of this action, Counterclaim Defendants.

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

August 11, 1982.

Attorney(s) appearing for the Case

Stark, Elman, Amron & Haberman, New York City, for plaintiff; Leonard S. Elman, New York City, of counsel.

Cadwalader, Wickersham & Taft, New York City, for defendant; Grant B. Hering, Howard W. Burns, Jr., Kathy H. Chin, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff, Bleecker Associates, commenced this action in New York State Supreme Court to enjoin defendant, Astoria Federal Savings and Loan Association ("Astoria Federal"), from instituting a mortgage foreclosure action and for a declaratory judgment that Astoria Federal had unreasonably withheld its consent to a transfer of title in certain premises in violation of a mortgage provision. Astoria Federal removed the...

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