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TRAVELERS INS. CO. v. 633 THIRD ASSOCIATES

No. 1130, Docket 91-9038.

973 F.2d 82 (1992)

The TRAVELERS INSURANCE COMPANY, Plaintiff-Appellant, v. 633 THIRD ASSOCIATES, Tower 41 Associates and Citibank, N.A., as Trustee of Citibank, N.A. Commingled Employee Benefit Trust, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 17, 1992.

Attorney(s) appearing for the Case

David Fleischer, Betsy L. Anderson, Battle Fowler, New York City for plaintiff-appellant.

Edward Brodsky, James R. DeVita, Jeffrey S. Weintraub, Spengler Carlson Gubar Brodsky & Frischling, New York City, for defendants-appellees, 633 Third Associates and Tower 41 Associates.

Thomas W. Pippert, Robert W. Lehrburger, Patterson, Belknap, Webb & Tyler, New York City, for defendant-appellee, Citibank, N.A., as Trustee of Citibank, N.A. Commingled Employee Benefit Trust.

Before: OAKES, Chief Judge, WALKER, Circuit Judge, and PARKER, District Judge.

PARKER, Chief Judge:

In 1986, plaintiff The Travelers Insurance Company ("Travelers"), a Connecticut corporation, loaned $145 million to defendant 633 Third Associates ("Partnership"), a New York limited partnership which owns a 41-story office building in New York City. The loan was secured by a mortgage on the New York property. The Partnership subsequently encountered difficulties filling the building with tenants, and defaulted on the loan. Unable to recover the...

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