Federal Deposit Insurance v. Hickey

MEMORANDUM AND ORDER

WEXLER, District Judge.

This is an action that was commenced in New York State Court as a foreclosure action against Defendant John H. Hickey (“Hickey”). Hickey counterclaimed in the State Court for, inter alia, breach of fiduciary duty. The foreclosure action was disposed of in the State Court, and, after motion practice, the sole counterclaim that remained was the claim of breach of fiduciary duty. After the insolvency of Washington Mutual Bank (“WAMU”), the successor to the institution that extended the mortgage to Hickey, WAMU was taken over by the Federal Deposit…