5-STAR MANAGEMENT, INC. v. ROGERS

No. 95-CV-3121 (JS) (ETB).

940 F.Supp. 512 (1996)

5-STAR MANAGEMENT, INC., Plaintiff, v. John A. ROGERS, Albuquerque Allsuite Associates, Alfred Denendorf, Associated Plastic Surgeons & Consultants, P.C., Schenck Fuels, Inc., Incorporated Village of the Branch, Huntington Hospital Association, The First National Bank of Chicago, Chemical Bank, "John Doe # 1" To "John Doe # 50," Both Inclusive, The Names Of The Last 50 Defendants Being Fictitious, Said Defendants' True Names Being Thereby Intended To Designate Parties With Liens That Are Subject And Subordinate To The Lien Of The Mortgage Being Foreclosed Herein And Tenants, Lessees, Or Occupants Of Portions Of The Mortgaged Premises Described In The Complaint, Defendants.

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

September 25, 1996.


Attorney(s) appearing for the Case

Joseph J. Ortego, Kevin McElroy, Rivkin, Radler & Kremer, Uniondale, NY, for plaintiff.

Mark C. Dow, Mark C. Dow, P.A., Albuquerque, NM, Lawrence S. Rosen, Kupfer & Rosen, New York City, Christopher P. Bauman, Thomas & Bauman, P.C., Albuquerque, NM, for defendants.


MEMORANDUM AND ORDER

SEYBERT, District Judge:

This is a mortgage-foreclosure action, based upon diversity jurisdiction, that has been commenced by plaintiff 5-Star Management, Inc. ["5-Star"] to enforce its rights pursuant to a mortgage, given by defendant John A. Rogers, that plaintiff holds on certain real property located in East Hampton, New York. As a result of the default of codefendant Albuquerque Allsuite Associates ["Allsuite"] on its obligations...

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