UNGAR v. ENSIGN BANK


196 A.D.2d 204 (1994)

Jacob Ungar et al., Appellants, v. Ensign Bank, FSB, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

February 22, 1994


Attorney(s) appearing for the Case

I. Jeffrey Corbin of counsel, New York City (Gary S. Mayerson with him on the brief; Graubard Mollen Horowitz Pomeranz & Shapiro, attorneys), for appellants.

Anthony A. Dean of counsel, New York City (Marian E. Baldwin, P. Matthew Sutko and Munsell St. Clair with him on the brief; Windels Marx, Davies & Ives, attorneys), for Resolution Trust Corporation, as receiver for Ensign Bank, FSB.

CARRO, ROSENBERGER and WALLACH, JJ., concur.


SULLIVAN, J. P.

This appeal presents, inter alia, the issue of whether a State court action commenced against a savings and loan institution prior to its takeover by the Resolution Trust Corporation (RTC), as receiver, may, pursuant to the provisions of 12 USC § 1821 (as amended by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 [FIRREA] [Pub L 101-73,

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