CITIBANK, N.A. v. NYLAND (CF8) LTD.

Nos. 14, 61, Dockets 87-7268, 87-7388.

839 F.2d 93 (1988)

CITIBANK, N.A., Plaintiff-Appellee, v. NYLAND (CF8) LTD., New York Land Company a/k/a Great Neckers Realty, Inc., the Republic of the Philippines, the City of New York, the New York City Department of Finance, the People of the State of New York, the United States of America and John Doe # 1 through John Doe # 900 inclusive, the names of the last 900 defendants being fictitious, the true names of said defendants being unknown to plaintiff, it being intended to designate any subtenants of the mortgaged premises who are in default of the payment of rent for which a proceeding is now pending brought by the mortgagor and/or other persons or parties having or claiming an interest in or a lien upon the mortgaged premises subordinate to that of the mortgagee, if the aforesaid individual defendants are living, and if any or all of said individual defendants be dead, their heirs at law, next of kin, distributees, executors, administrators, trustees, committees, devisees, legatees and the assignees, lienors, creditors and successors in interest of them, and generally all persons having or claiming under, by, through or against the said defendants named as a class, any right, title, or interest in or lien upon the premises described in the complaint herein, Defendants, New York Land Company and Nyland (CF8) Ltd., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 10, 1988.


Attorney(s) appearing for the Case

Robert M. Abrahams, New York City (Schulte Roth & Zabel, New York City, Alan R. Glickman, Mark E. Kaplan, Sherry K. Cohen, of counsel), for plaintiff-appellee Citibank, N.A.

Robert S. Smith, New York City (Paul, Weiss, Rifkind, Wharton & Garrison, New York City, Bruce Birenboim, of counsel), for defendant-appellant Nyland (CF8) Ltd.

Michael J. Silverberg, New York City (Phillips, Nizer, Benjamin, Krim & Ballon, New York City, Perry S. Galler, Lawrence M. Sands, of counsel), for defendant-appellant New York Land Co.

Elsie A. Crum, New York City (Shearman & Sterling, New York City, Charles C. Parlin, Jr., Joanna B. Shally, Koji E. Felton, of counsel), for appellee Cushman & Wakefield, Inc.

Before LUMBARD and MINER, Circuit Judges, and KAUFMAN, District Judge.


LUMBARD, Circuit Judge:

Appellants, New York Land Company and Nyland, Ltd., appeal from a preliminary injunction order, announced on February 27, 1987 and entered on April 24, 1987 by Judge Whitman Knapp, of the United States District Court for the Southern District of New York. The order (1) restrained and enjoined appellant New York Land Company from interfering in any manner with the rendering of exclusive management and leasing services by the court-appointed...

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