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ARNOLD v. FIRST CITIZENS NAT. BANK

Case #16-CV-6012-FPG.

217 F.Supp.3d 696 (2016)

Michael H. ARNOLD, Chapter 11 Trustee of Cornerstone Homes Inc., Plaintiff-Appellant, v. FIRST CITIZENS NATIONAL BANK, The Community Preservation Corporation, and Elmira Savings Bank, Defendant-Appellees. In re: Cornerstone Homes, Inc., Debtor.

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

Signed November 18, 2016.

Editors Note
Applicable Law: 28 U.S.C. § 0158
Cause: 28 U.S.C. § 0158 Notice of Appeal re Bankruptcy Matter (BA)
Nature of Suit: 422 Bankruptcy Appeal (801)
Source: PACER

Attorney(s) appearing for the Case

Gregory J. Mascitti , LeClairRyan, Rochester, NY, for Plaintiff-Appellant.

Allan L. Hill , Phillips Lytle LLP, David D. Macknight , Lacy Katzen LLP, Rochester, NY, Ronald M. Terenzi , Stagg Terenzi Confusione & Wabnik LLP, Garden City, NY, for Defendant-Appellees.

DECISION & ORDER

This bankruptcy appeal raises the following question: under New York law, does a person have standing to enforce a mortgage and mortgage note where the note is a negotiable instrument and that person obtained their interest in the note and mortgage...

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