Icc Performance 2 Limited v. Pollack, No. Cv 94313596 (Apr. 16, 1997)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM FILED APRIL 16, 1997 The plaintiff's motion to strike raises the issue of whether claims of breach of contract and fraudulent inducement allegedly committed by an assignor of a contract may be asserted affirmatively against the assignee. In the absence of an allegation that the assignee agreed to assume such liability, the court holds that they may not.

This two-count complaint originally was brought by the Federal Deposit Insurance Corporation (FDIC) seeking to foreclose on property owned by the defendant,…