Legal Opinion

Ungar v. Ensign Bank, FSB

Appellate Division of the Supreme Court of the State of New York

Decided February 22, 1994PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Sullivan, J. P.

This appeal presents, inter alia, the issue of whether a State court action commenced against a savings and loan institution prior to its takeover by the Resolution Trust Corporation (RTC), as receiver, may, pursuant to the provisions of 12 USC § 1821 (as amended by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 [FIRREA] [Pub L 101-*20673, 103 US Stat 183 et seq.]), be "continued” in State court after the plaintiff has exhausted the administrative requirements of FIRREA. We hold that the plaintiff may continue the action.

Plaintiffs Jacob…

2Cases cited8 opinions

  1. Marc Development, Inc. v. Federal Deposit InsuranceDistrict Court, D. Utah · 1991
  2. Espinosa v. DeVastoDistrict Court, D. Massachusetts · 1993
  3. Berke v. Resolution Trust Corp.Court of Appeals of Minnesota · 1992
  4. The Resolution Trust Corporation, as Receiver for Germantown Trust Savings Bank v. Cheshire Management Company, Inc.Court of Appeals for the Sixth Circuit · 1994
  5. Federal Deposit Insurance v. GrilloDistrict Court, D. New Hampshire · 1992

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3Cited by12 opinions

  1. Thomas v. Federal Deposit Insurance Corp.Supreme Court of Colorado · 2011
  2. Berson v. BersonAppellate Division of the Supreme Court of the State of New York · 1999
  3. State v. MyersNew York Supreme Court · 2008
  4. Wells Fargo Bank v. Zurich American InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
  5. Holmes Financial Associates, Inc. v. Resolution Trust Corp.Court of Appeals for the Sixth Circuit · 1994

7 more not listed; retrieve them via the Exa API.

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