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PEOPLES WESTCHESTER SAV. BANK v. FDIC

No. 90 CV 1888.

772 F.Supp. 738 (1991)

PEOPLES WESTCHESTER SAVINGS BANK, Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of Guardian Bank, N.A., Defendant.

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

September 9, 1991.

Attorney(s) appearing for the Case

Nora Granito, Lane & Mittendorf, New York City, for plaintiff.

Marc E. Wieman, Z. Scott Birdwell, FDIC, Legal Div., New York City, for defendant.

MEMORANDUM AND ORDER

PLATT, Chief Judge.

Plaintiff and defendant have filed motions for summary judgment. For the reasons which follow, plaintiff's motion is granted and defendant's motion is denied.

BACKGROUND

The following facts are not in dispute. On September 19, 1988, Bonnie S. Nachamie ("Nachamie") opened an attorney escrow account with Guardian Bank, N.A. ("Guardian"), a national banking association. The account, entitled "Bonnie...

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