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INDUSTRI & SKIPSBANKEN A/S v. LEVY

No. 95 Civ. 0137 (RWS).

183 B.R. 58 (1995)

INDUSTRI & SKIPSBANKEN A/S, Plaintiff, v. Andrew A. LEVY and Ragnvald Gabrielsen, Defendants.

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

June 19, 1995.

Attorney(s) appearing for the Case

Healy & Baillie (Glen T. Oxton, Susan Emma Olick, of counsel), New York City, for plaintiff Industri & Skipsbanken A/S.

Andrew A. Levy, New York City, defendant pro se.

Haight, Gardner, Poor & Havens (Richard A. Menchini, Robert A. O'Hare, of Counsel), New York City, for defendant Ragnvald Gabrielsen.

OPINION

SWEET, District Judge.

Plaintiff Industri & Skipsbanken A/S ("I & S" or "the Bank") has moved under Rule 56 Fed.R.Civ.P., for summary judgment to enforce the guaranty of the Defendants Andrew A. Levy ("Levy") and Ragnvald Gabrielsen ("Gabrielsen") (collectively, the "Defendants"). Levy has cross moved under Rule 12(b)(7) and Rule 19, Fed.R.Civ.P. to dismiss the complaint for failure to join necessary parties or, in the alternative...

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