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  5. 757 F.Supp.2d 194 (2010)
 

F.D.I.C. v. HICKEY

No. CV 09-2582.

757 F.Supp.2d 194 (2010)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff, v. John H. HICKEY, Jr., Defendant.

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

December 13, 2010.

Attorney(s) appearing for the Case

Cullen and Dykman, LLP, by: Jennifer A. McLaughlin, Esq. , Garden City, NY, for Plaintiff.

Law Offices of Edward R. Troy, by: Edward R. Troy, Esq. , Greenlawn, NY, for Defendant.

MEMORANDUM AND ORDER

WEXLER, District Judge.

This is an action that was commenced in New York State Court as a foreclosure action against Defendant John H. Hickey ("Hickey"). Hickey counterclaimed in the State Court for, inter alia, breach of fiduciary duty. The foreclosure action was disposed of in the State Court, and, after motion practice, the sole counterclaim that remained was the claim of breach...

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