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FIDELITY BANK, NAT. ASS'N v. AVRUTICK

Nos. 88 Civ. 6038-6063 (MBM), 89 Civ. 0866-0868 (MBM) and 89 Civ. 0870-0880 (MBM).

740 F.Supp. 222 (1990)

FIDELITY BANK, NATIONAL ASSOCIATION, Plaintiff, v. Julian E. AVRUTICK, et al., Defendants.

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

June 18, 1990.

Attorney(s) appearing for the Case

Stephen F. Ellman, David B. Chenkin, Michael L. Slonim, Zeichner Ellman & Krause, New York City, for plaintiff.

Robert W. Piken, Marilyn D. Piken, New York City, for defendants, except Santangelo.

OPINION AND ORDER

MUKASEY, District Judge.

This motion for summary judgment relates to 37 unconsolidated cases1 brought by Fidelity Bank, against each defaulting investor in a limited partnership, to collect sums due under promissory notes executed in connection with the partnership. Defendants contend that these notes were procured by fraud, and that plaintiff's notice of this fraud...

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