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FED. DEPOSIT INS. CORP. v. LEFCON P'SHIP

250 A.D.2d 643 (1998)

672 N.Y.S.2d 416

Federal Deposit Insurance Corporation, as Receiver of Howard Savings Bank, Respondent, v. Lefcon Partnership, Defendant and Third-Party Plaintiff, Mitsubishi Trust and Banking Corporation, Respondent, et al., Defendants. E. W. Howell Co., Inc., Third-Party Defendant-Appellant. (And a Related Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 11, 1998

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents.

The cross claim and counterclaim of the third-party defendant E. W. Howell Co., Inc. (hereinafter Howell), assert, inter alia, conclusory allegations that the plaintiff bank improperly failed to inform Howell of the financial instability of the defendant borrower and developer, Lefcon Partnership (hereinafter Lefcon), and that the bank and Lefcon...

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