Federal Deposit Insurance v. Henry

MEMORANDUM

TAURO, Chief Judge.

Plaintiff, the Federal Deposit Insurance Corporation (“FDIC”), as liquidating agent of New Heritage Bank (“New Heritage”), brings this action to recover a deficiency under two promissory notes executed and delivered to New Heritage by defendant Mark O. Henry in his capacity as trustee of Amie Realty Trust (the “Trust”), and guaranteed by Henry and George H. Schruender, Jr., individually. 1 Presently before the court is defendants’ motion for partial summary judgment.

I

Background

This case was originally brought in Suffolk County Superior Court on October 22, 1990.…