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MACHEDA v. HOUSEHOLD FINANCE REALTY CORP.

No. 5:04-CV-325.

631 F.Supp.2d 181 (2008)

Winifred MACHEDA and Richard Macheda, Plaintiffs, v. HOUSEHOLD FINANCE REALTY CORPORATION OF NEW YORK, Defendant.

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

June 26, 2008.

Attorney(s) appearing for the Case

Ronald L. Van Norstrand, Syracuse, NY, for Plaintiffs.

Phillips Lytle LLP, Preston L. Zarlock, Esq., of counsel, William H. Baaki, of counsel, Buffalo, NY, for Defendant.

MEMORANDUM-DECISION AND ORDER

NORMAN A. MORDUE, Chief Judge.

INTRODUCTION

In this action by homeowners against a lender with which they entered into a mortgage loan, defendant moves (Dkt. No. 45) for summary judgment dismissing the action. Plaintiffs move (Dkt. No. 48) for partial summary judgment. Defendant is entitled to partial summary judgment establishing that plaintiffs cannot rescind so much...

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