Legal Opinion
Fidelity Bank, National Ass'n v. Avrutick
District Court, S.D. New York
Decided June 18, 1990No. 88 Civ. 6038-6063 (MBM), 89 Civ. 0866-0868 (MBM) and 89 Civ. 0870-0880 (MBM)PublishedCited by 12 opinions
1Opinion of the Court
OPINION AND ORDER
MUKASEY, District Judge.
This motion for summary judgment relates to 37 unconsolidated cases 1 brought by Fidelity Bank, against each defaulting investor in a limited partnership, to collect sums due under promissory notes executed in connection with the partnership. Defendants contend that these notes were procured by fraud, and that plaintiffs notice of this fraud bars plaintiff from asserting the rights of a holder in due course. Defendants have raised a genuine issue of material fact as to whether fraud underlay the partnership transaction, as well as an issue as to…
2Cases cited34 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
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3Cited by12 opinions
- Degulis v. LXR Biotechnology, Inc.District Court, S.D. New York · 1996
- Johannes Baumgartner Wirtschafts-Und Vermögensberatung v. SalzmanDistrict Court, E.D. New York · 2013
- In Re Integrated Resources, Inc. Real Estate Lit.District Court, S.D. New York · 1994
- Crotona 1967 Corp. v. Vidu Bros.District Court, E.D. New York · 2013
- Securities & Exchange Commission v. PinezDistrict Court, D. Massachusetts · 1997
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