M & T MORTG. CORP. v. MILLER

No. 02 CV 5410.

323 F.Supp.2d 405 (2004)

M & T MORTGAGE CORPORATION, Plaintiff, v. Cedric D. MILLER and Elizabeth Miller, New York City Health & Hospitals Corporation, City of New York Department of Transportation, Parking Violation Bureau, New York City Transit Adjudication Bureau, New York City Department of Environmental Control, People of the State of New York, New York City Bureau of Highway Operations, New York City Department of Taxation and Finance, Taxi and Limousine Commission, "John Doe" and "Mary Roe," Defendants, Cedric D. Miller and Elizabeth Miller, Third-Party Plaintiffs, v. United States Department of Housing and Urban Development, Ackerman, Raphan & Sultzer, Neal Sultzer, Better Homes Depot, Inc., Eric Fessler, President of Better Homes Depot, Inc., John Glenn, Real Estate Broker Employed by Better Homes Depot, Inc., Madison Home Equities Inc., Nadine Malone, President of Madison Home Equities, Inc., Michael Rindenow, Marc Oringer, Alton Brown, C. Peter David, CLA, Inc., Robert Dosch, A.V.P. Exterminators, Inc., Verrazano Associates Ltd., and Fidelity National Title Insurance Company, Third-Party Defendants.

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

June 28, 2004.


Attorney(s) appearing for the Case

Evelyn H. Seeler, Buchanan Ingersoll, P.C., New York City, for Plaintiff.

Hillary Exter, Brooklyn Legal Services Corp., Brooklyn, NY, for Defendants/Third-Party Plaintiffs.

Carolyn Lisa Miller, United States Attorney's Office, Brooklyn, NY, Scott E. Kossove, L'Abbate, Balkan, Colavita & Contin, Garden City, NY, Anthony J. Genovesi, Jr., Borchert, Genovesi, LaSpina & Landicino, P.C., Brooklyn, NY, Anthony Wayne Vaughn, Borchert, Genovesi, Laspina & Landicino, Whitestone Expressway, NY, Andrew M. Lauri, Carle Place, NY, Alan J. Firestone, Firestone & Harris, Brooklyn, NY, Bill Tsevis, Solomon & Siris, LLP, Garden City, NY, for Third-Party Defendants.


OPINION ORDER

GERSHON, District Judge.

Plaintiff, M & T Mortgage Corporation ("M & T"), commenced this action against defendant/third-party plaintiffs Cedric and Elizabeth Miller (the "Millers"), seeking to foreclose on a mortgage loan made by third-party defendant, Madison Home Equities, Inc., which had been sold to M & T. The Millers answered and asserted affirmative defenses and third-party complaint against third-party defendants Madison...

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