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F.D.I.C. v. LENOX HILL RADIOLOGY ASSOCIATES

No. 92 Civ. 3374(MEL).

866 F.Supp. 788 (1994)

FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver for Citytrust, Plaintiff, v. LENOX HILL RADIOLOGY ASSOCIATES, Lenox Hill Leasing Associates, Lenox Hill Radiology and Medical Imaging Associates, P.C., Frank M. Purnell, M.D., David A. Follett, M.D., Erich Eidenschenk, M.D., Mrs. Erich Eidenschenk, Carmel Donovan, M.D., Otto Spamer, Jr., Diasonics, Inc., Toshiba America Medical Systems, Inc., Defendants.

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

November 1, 1994.

Attorney(s) appearing for the Case

Cummings & Lockwood, Stamford, CT, John F. Carberry, Seth J. Arnowitz, of counsel, for plaintiff.

Goodkind Labaton Rudoff & Sucharow, New York City, Joseph H. Einstein, of counsel, for Lenox Hill defendants.

Ford Marrin Esposito Witmeyer & Gleser, New York City, John J. Witmeyer, III, Edward M. Pinter, David A. Beke, of counsel, for defendant Toshiba America Medical Systems, Inc.

LASKER, District Judge.

Toshiba moves for summary judgment dismissing the FDIC's claim that it is liable under a guaranty agreement between the two parties. The motion is denied.

I.

This dispute has its origin in three loan agreements (the "Loans") between a Connecticut bank and trust company called Citytrust and three affiliated entities (the "Lenox Hill parties") the combined assets of which comprised...

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