Legal Opinion

Peoples Westchester Savings Bank v. Federal Deposit Insurance

District Court, E.D. New York

Decided September 9, 1991No. 90 CV 1888PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

PLATT, Chief Judge.

Plaintiff and defendant have filed motions for summary judgment. For the reasons which follow, plaintiff’s motion is granted and defendant’s motion is denied.

BACKGROUND

The following facts are not in dispute. On September 19, 1988, Bonnie S. Nachamie (“Nachamie”) opened an attorney escrow account with Guardian Bank, N.A. (“Guardian”), a national banking association. The account, entitled “Bonnie S. Nachamie, Esq., Attorney at Law, Trust Account # 2, Account # 25113088-4” (hereinafter the “Nachamie Account”), was opened as an “IOLA” account pursuant to a…

2Cases cited16 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Bank of Marin v. EnglandSupreme Court of the United States · 1966
  3. Marine Bank v. Fulton BankSupreme Court of the United States · 1865
  4. Alan B. Miller, Trustee in Bankruptcy of American Ibc Corp., Bankrupt v. Wells Fargo Bank International Corp.Court of Appeals for the Second Circuit · 1976
  5. Jennings v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1935

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3Cited by2 opinions

  1. Peoples Westchester Savings Bank v. Federal Deposit Insurance Corporation, as Receiver of Guardian Bank, N.A.Court of Appeals for the Second Circuit · 1992
  2. Peoples Westchester Savings Bank v. Federal Deposit Insurance Corporation, as Receiver of Guardian Bank, N.A.Court of Appeals for the Second Circuit · 1992

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