U.S. v. LOWY

No. CV-86-0287.

703 F.Supp. 1040 (1989)

UNITED STATES of America, Plaintiff, v. David LOWY, Roslyn Lowy, Nassau Suffolk Lumber & Supply Co., City of New York Parking Violations Bureau, John Doe # 1 Through John Doe # 2, such names being fictitious and unknown to plaintiff, the persons or parties intended being tenants, occupants, persons, corporation, or other legal entities, if any, having or claiming an interest in or lien upon premises described in complaint, Defendants.

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

January 19, 1989.


Attorney(s) appearing for the Case

Thomas A. McFarland, Asst. U.S. Atty., Brooklyn, N.Y., for plaintiff.

Marvin Neiman, New York City (Ephrem Wertenteil, on brief), for defendants.


GLASSER, District Judge:

The Government moves for summary judgment in this action to collect on two Small Business Administration ["SBA"] guaranties and to foreclose on a mortgage. Defendants oppose the motion and also cross-move for summary judgment. For reasons stated below, the Government's motion is granted and defendants' motion is denied.

FACTS

On or about July 24, 1975, Adria Industries Corportion ("Adria"), through its president, defendant...

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