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FORTUNOFF v. TRIAD LAND ASSOCIATES

No. 93-CV-0368 (JS).

906 F.Supp. 107 (1995)

Alan FORTUNOFF and Helene Fortunoff, Plaintiffs, v. TRIAD LAND ASSOCIATES, individually and as general partner of Triad IV Associates, a limited partnership, First New York Bank for Business, and National Westminster Bank USA, Defendants.

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

October 30, 1995.

Attorney(s) appearing for the Case

Charles A. Singer, Torino & Singer, P.C., Mineola, NY, for Plaintiffs.

Kevin P. Simmons, Berkman Henoch Peterson & Peddy, Garden City, NY, for Defendant FDIC.

John M. Burns, III, Law Office of John Burns, New York City and Stephen Schlakman, Lake Success, NY, for Defendant Triad Land Associates.

MEMORANDUM AND ORDER

SEYBERT, District Judge:

On September 24, 1992, plaintiffs, Alan and Helene Fortunoff, commenced this action seeking a judgment (1) enjoining and restraining defendant First New York Bank for Business ("FNYB"), and/or defendant Triad Land Associates ("TLA") from collecting on investor notes, dated September 30, 1991, or drawing down upon the Letters of Credit issued by then defendant...

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