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WILMINGTON TRUST CO. v. M/V MISS B. HAVEN V

No. 09 Civ. 8438(SCR).

760 F.Supp.2d 364 (2010)

WILMINGTON TRUST COMPANY, as Trustee for GEMB Lending Inc., Plaintiff, v. M/V MISS B. HAVEN V, her engines, tackle, apparel, appurtenances, etc. having official no. 1167951 and hull serial no. CDRD0117H304, in rem, and Charles M. Pateman, in personam, Defendants.

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

December 15, 2010.

Attorney(s) appearing for the Case

Steven Taitz , Elliott M. Portman , Roe , Taroff , Taitz & Portman, LLP, Patchogue, NY, for Plaintiff.

Mark E. Constantine , Tarrytown, NY, for Defendants.

MEMORANDUM & ORDER

LORETTA A. PRESKA, Chief Judge:

Plaintiff, Wilmington Trust Co., seeks a final deficiency judgment against the in personam Defendant, Charles Pateman, in the wake of a judicial sale that produced insufficient proceeds to satisfy an outstanding preferred ship's mortgage held by Plaintiff. The mortgage was on the in rem Defendant, the M/V Miss B. Haven V, for $437,425.98. The Court, Judge Robinson presiding, had...

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