Royal Mortgage Corp. v. Federal Deposit Insurance
District Court, S.D. New York
1Opinion of the Court
OPINION
CEDARBAUM, District Judge.
This is an action for a declaratory judgment pursuant to 28 U.S.C. § 2201. Plaintiff seeks a judgment declaring that it, and not defendant, is the proper plaintiff in a pending action in the New York Supreme Court. The question presented is whether defendant assigned its rights in the state action to plaintiff. 1
Both parties have moved for summary judgment. For the reasons discussed below, defendant did not assign its rights in the state action to plaintiff. Accordingly, plaintiffs motion is denied, and defendant’s motion is granted.
Background
Undisputed Facts
In…
2Cases cited13 opinions
- Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
- Chimart Associates v. PaulNew York Court of Appeals · 1986
- Nowak v. Ironworkers Local 6 Pension FundCourt of Appeals for the Second Circuit · 1996
- Primex International Corp. v. Wal-Mart Stores, Inc.New York Court of Appeals · 1997
- International Klafter Company, Inc., International Assurance, Inc., and International Group Underwriters, Inc. v. Continental Casualty Company, Inc.Court of Appeals for the Second Circuit · 1989
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3Cited by6 opinions
- International Design Concepts, LLC v. Saks Inc.District Court, S.D. New York · 2007
- State of California Public Employees' Retirement System v. Shearman & SterlingAppellate Division of the Supreme Court of the State of New York · 2000
- Royal Mortgage Corp. v. Federal Deposit InsuranceCourt of Appeals for the Second Circuit · 1999
- Clear Channel Outdoor, LLC v. City of New RochelleDistrict Court, S.D. New York · 2022
- Resource Properties XLIV Inc. v. Philadelphia Authority for Industrial Development, Pennsylvania Court of Common Pleas, Philadelphia County2001
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