Merrick, J.
The plaintiff commenced this contract action in the Superior Court Department in 1986 against University Bank & Trust Co. ("the Bank") for services rendered as president of the Bank. On May 31, 1991, the Bank was declared insolvent and closed, and the Federal Deposit Insurance Corporation ("the FDIC") was thereafter appointed as the Bank's Receiver. 12 U.S.C. §1821(c) (2) (A) (ii).
On April 14, 1992, the FDIC filed a motion, to which the...
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