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PORTFOLIO, L.L.C. v. CITY OF WATERTOWN

280 A.D.2d 888 (2001)

719 N.Y.S.2d 911

RAVEN PORTFOLIO, L.L.C., Appellant, v. CITY OF WATERTOWN et al., Respondents, et al., Defendants, and RICHARD O. FLECHTNER, Intervenor-Respondent.

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

Decided February 7, 2001.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying plaintiff's motion for partial summary judgment on the second cause of action in the second amended complaint. It is undisputed that defendant City of Watertown (City) conducted the foreclosure proceedings and tax sale at issue without the consent of the Federal Deposit Insurance Corporation (FDIC). Pursuant to 12 USC §...

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