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EASTERN SAV. BANK, FSB v. ESTATE OF KIRK

No. 10 CV 4655(DRH).

821 F.Supp.2d 543 (2011)

EASTERN SAVINGS BANK, FSB, Plaintiff, v. The ESTATE OF Alexis KIRK, by Lisa Kirk as Executor, and Alexia Kirk Andrus, as Executor of the Estate of Alexis Kirk, his heirs, distributees, devisees and personal representatives and any of his successors in right, title and/or interest, Defendants.

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

September 26, 2011.

Attorney(s) appearing for the Case

Kriss & Feuerstein, LLP, by: Jerold C. Feuerstein, Esq. , New York, NY, for Plaintiff.

Lewis & Garbuz, P.C., by: Lawrence I. Garbuz, Esq. , New York, NY, for Defendants.

MEMORANDUM & ORDER

HURLEY, Senior District Judge:

Plaintiff Eastern Savings Bank, FSB commenced this diversity action seeking to foreclose on a mortgage encumbering real property located in Southampton, New York (the "Property"). The mortgage was executed by Alexis Kirk ("Kirk"), who subsequently passed away. Plaintiff has named as defendants the Estate of Alexis Kirk (the "Estate") by the Estate's co-executors, Lisa Kirk and Alexia Kirk Andrus...

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