Legal Opinion

Fresca v. Federal Deposit Insurance

District Court, S.D. New York

Decided April 16, 1993No. 91 Civ. 3624 (LBS)PublishedCited by 4 opinions

1Opinion of the Court

OPINION

SAND, District Judge.

This action is brought by Jacqueline Fresca and her husband, Crescent Fresca, against the FDIC as receiver for Seamen’s Bank for Savings (the “Bank”), under 12 U.S.C. § 1821, the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), challenging the repudiation of benefits under an Enhanced Retirement Program (“ERP”). Currently before the Court are cross-motions for summary judgment. Because we find that plaintiffs have proven entitlement to the value of the benefits under the ERP as a matter of law, their summary judgment motion is granted…

2Cases cited7 opinions

  1. Knight v. U.S. Fire Insurance CompanyCourt of Appeals for the Second Circuit · 1986
  2. Bruce A. Howell v. Federal Deposit Insurance Corporation as Receiver for Eliot Savings BankCourt of Appeals for the First Circuit · 1993
  3. In Re RLR Celestial Homes, Inc.United States Bankruptcy Court, S.D. New York · 1989
  4. Rush v. Federal Deposit Ins. Corp.District Court, N.D. California · 1990
  5. Gibson v. Resolution Trust Corp.District Court, S.D. Florida · 1990

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

3Cited by4 opinions

  1. Marsa v. Metrobank for Savings, F.S.B.District Court, D. New Jersey · 1993
  2. Westport Bank & Trust Co. v. GeraghtyDistrict Court, D. Connecticut · 1994
  3. Employees' Retirement System v. Resolution Trust Corp.District Court, S.D. New York · 1993
  4. Nashville Lodging Co. v. Resolution Trust Corp.District Court, District of Columbia · 1993

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