FIRST CITY NAT. BANK AND TRUST CO. v. ZELLNER

Nos. 87 Civ. 6081(RWS), 87 Civ. 6100(RWS), 87 Civ. 6102(RWS) and 87 Civ. 6353(RWS).

782 F.Supp. 232 (1992)

FIRST CITY NATIONAL BANK AND TRUST COMPANY, Plaintiff, v. Michael ZELLNER, Joseph Krader, Zellner Plastering Co., Inc., et al., James R. Wilcox, Defendants and Plaintiffs on Counterclaim, v. INTERDISCOUNT SERVICES, LTD., Tara Cole, First California Lessors Corp., and Gene Lobato, Defendants on Counterclaim.

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

January 14, 1992.


Attorney(s) appearing for the Case

Bizar Shustak Martin & Schneider, New York City (Gayle S. Sanders, of counsel), for plaintiff.

Richard I. Wolff, P.C., New York City (Burton Mark Senkfor, of counsel), for defendants and plaintiffs on counterclaim.


OPINION

SWEET, District Judge.

Plaintiff Joint Venture Asset Acquisition Group ("JVAA") has moved pursuant to Rule 56 of the Federal Rules of Civil Procedure for summary judgment against each of the defendants and for an award of all amounts of unpaid principal, accrued interest, collection costs, attorneys' fees, and punitive damages. For the reasons set forth below, the motion is denied.

The Parties

JVAA is the assignee of the...

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