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FEDERAL HOME LOAN MORTG. v. SPARK TARRYTOWN, INC.

No. 92 Civ. 7053 (VLB).

829 F.Supp. 82 (1993)

FEDERAL HOME LOAN MORTGAGE CORPORATION, Plaintiff, v. SPARK TARRYTOWN, INC., People of the State of New York, the Town of Mount Pleasant, Village of North Tarrytown, and John Doe Nos. 1 To 20, Defendants. VILLAGE OF NORTH TARRYTOWN, Third Party Plaintiff, v. Larry RUSH, Third Party Defendant.

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

August 12, 1993.

Attorney(s) appearing for the Case

Thomas B. Decea, Cooper, Liebowitz, Royster, & Wright, Elmsford, for plaintiff.

Laura Copland, Maroney Ponzini & Spencer, Tarrytown, for defendant Village of North Tarrytown.

Gregory R. Blatto, Bronx, for receiver.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

This mortgage foreclosure action raises important issues with respect to the duties of a court-appointed receiver, the mortgagee, and municipal agencies where the property is not reliably generating sufficient funds to make urgently required repairs.

The receiver for the subject property was appointed by order dated September 29, 1992, for the purpose of collecting rents and...

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