THIRD AVE. TRUST v. SUNTRUST BANK

No. 00 Civ. 6747(RLC).

166 F.Supp.2d 783 (2001)

THIRD AVENUE TRUST, Plaintiff, v. SUNTRUST BANK, Defendant.

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

April 13, 2001.


Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher LLP, New York, New York, for the Plaintiff, Marshall R. King, of counsel.

Silverberg, Stonehill & Goldsmith, P.C., New York, New York, for the Defendant, Michael Goldsmith, Kenneth R. Schachter, of counsel.


OPINION

ROBERT L. CARTER, District Judge.

Plaintiff Third Avenue Trust ("Third Avenue") instituted this action against defendant SunTrust Bank ("SunTrust") to recover monies paid on two assignments. Third Avenue moves for partial summary judgment pursuant to Rule 56, F.R. Civ. P. SunTrust opposes this motion.

BACKGROUND

Plaintiff Third Avenue is a Delaware business trust, with its principal place of business in New York, New York...

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