Warrington 611 Associates v. Aetna Life Insurance

OPINION

WOLIN, District Judge.

This is a case involving a promissory note and a mortgage on commercial property. Plaintiff, the property owner, claims that defendant, the note holder and mortgagee, improperly refused its consent to plaintiff’s sale of the property and that plaintiff suffered adverse tax consequences and other damages as a result thereof. Plaintiff seeks damages and relief under the Declaratory Judgment Act, 28 U.S.C. §§ 2201, 2202. Jurisdiction is based on diversity of citizenship. 1

The parties have filed cross-motions for summary judgment. The Court will grant defendant’s…