Legal Opinion

Erbafina v. Federal Deposit Insurance

District Court, D. Massachusetts

Decided May 11, 1994No. Civ. A. 91-12111-RGSPublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM AND DECISION ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

STEARNS, District Judge.

The plaintiffs, Charles Erbafina, Domenic Erbafina, and Ronald Cerra, individually and as trustees of the C & E Realty Trust executed a two year Note in the amount of $655,000 (the “Note”) payable to Essexbank, a predecessor in interest to New Bank of New England (“NBNE”). Despite plaintiffs’ continued, timely mortgage payments, NBNE made formal demand on the plaintiffs for payment in full. 1 Plaintiffs filed suit against NBNE claiming it was bound by Essexbank’s commitment to the plaintiffs to renew the…

2Cases cited7 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
  3. Carmen Nereida-Gonzalez v. Cirilo Tirado-DelgadoCourt of Appeals for the First Circuit · 1993
  4. Ralph Rogers v. Michael FairCourt of Appeals for the First Circuit · 1990
  5. David and Carolyn Gaskell v. The Harvard Cooperative Society, David and Carolyn Gaskell v. The Harvard Cooperative SocietyCourt of Appeals for the First Circuit · 1993

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3Cited by7 opinions

  1. Federico v. Brockton Credit UnionMassachusetts Appeals Court · 1995
  2. Riccardo Dimuzio Ruth Dimuzio, on Behalf of Themselves and All Others Similarly Situated v. Resolution Trust Corporation in Its Capacity as Receiver of Carteret Savings Bank, F.A. And in Its Capacity as Conservator of Carteret Federal Savings Bank (d.c. Civil No. 94-Cv-01559). Riccardo Dimuzio Ruth Dimuzio v. Resolution Trust Corporation as Conservator of Carteret Federal Savings Bank and Carteret Savings Bank (d.c. Civil No. 94-Cv-04800). Kazuyuki Kameda Taneko Kameda Esmie J. Wint, on Behalf of Themselves and All Others Similarly Situated v. Resolution Trust Corporation as Conservator of Carteret Federal Savings Bank and Carteret Savings Bank (d.c. Civil No. 94-Cv-04831). Appeal of Riccardo Dimuzio, Ruth Dimuzio, Kazuyuki Kameda, Taneko Kameda and Esmie WintCourt of Appeals for the Third Circuit · 1995
  3. In Re Miraj and Sons, Inc.United States Bankruptcy Court, D. Massachusetts · 1996
  4. Dimuzio v. Resolution Trust Corp.Court of Appeals for the Third Circuit · 1995
  5. Dimuzio v. Resolution Trust Corp.Court of Appeals for the Third Circuit · 1995

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