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HALVAJIAN v. BANK OF NEW YORK, N.A.

Civil Action No. 95-5761 (JCL).

191 B.R. 56 (1995)

Arthur M. HALVAJIAN, Plaintiff, v. The BANK OF NEW YORK, N.A., Robert DeBello, Shapiro & Shapiro (as Escrow Agent of a certain Mortgage Note in the amount of $450,000) and Edward R. Evans, Esq. (an Escrow Agent of approximately $18,000.00), Defendants.

United States District Court, D. New Jersey.

December 15, 1995.

Attorney(s) appearing for the Case

Leo L. Leyva, Cole, Scholtz, Meisel Forman & Leonard, Hackensack, NJ, for Plaintiff.

David Own Marcus, Shapiro & Croland, Hackensack, NJ, for Defendants.

MEMORANDUM AND ORDER

LIFLAND, District Judge.

Defendant The Bank of New York, N.A. ("BNY") asks this Court to withdraw the reference to the bankruptcy court of an adversary proceeding filed by Arthur M. Halvajian. BNY also moves for leave to file an Amended Answer and Third-Party Complaint naming Nelson Engineering, Inc. ("Nelson") as defendant. Halvajian opposes both motions. For the reasons discussed below, the Court denies BNY's motions.

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