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INDYMAC BANK, F.S.B. v. MacPHERSON

No. 09-CV-768 (ADS).

672 F.Supp.2d 313 (2009)

INDYMAC BANK, F.S.B., Plaintiff, v. Donald MacPHERSON, Mortgage Electronic Registration Systems, Inc., as Nominee for Mortgageit Inc., People, of the State of New York, John Doe, said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of the premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the Mortgaged Premises, Defendants.

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

As Corrected March 3, 2010.

Attorney(s) appearing for the Case

Reed Smith LLP by Andrew B. Messite, Esq., of counsel, New York, NY, Steven J. Baum, P.C. by Steven J. Baum, Esq., of counsel, Amherst, NY, for Plaintiff.

Irwin Popkin, Esq., Shirley, NY, for Defendant, Donald MacPherson.

Andrew M. Cuomo, Attorney General of the State of New York by Associate Attorney Alan Gitter, of counsel, Hauppauge, NY, for Defendant, People of the State of New York.

NO APPEARANCE: Mortgage Electronic Registration Systems, Inc. as Nominee for Mortgageit Inc.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Presently before the Court is a motion by plaintiff Federal Deposit Insurance Company ("FDIC"), as Receiver for original plaintiff IndyMac Bank, F.S.B. ("IndyMac") and substituted real party in interest, to dismiss the counterclaims and affirmative defenses asserted by defendant Donald MacPherson. The motion is unopposed.

The plaintiff's motion to dismiss Mac-Pherson's affirmative defenses is...

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