Legal Opinion
Dupuis v. Yorkville Federal Savings & Loan Ass'n
District Court, S.D. New York
Decided August 9, 1984No. 84 Civ. 3437(RWS)PublishedCited by 5 opinions
1Opinion of the Court
OPINION
SWEET, District Judge.
Defendant Yorkville Federal Savings and Loan Association (“Yorkville”) has moved pursuant to Rule 12(b)(6), Fed.R.Civ.P., to dismiss the complaint of plaintiffs Gerard A. Dupuis and Pamela M. Dupuis (“the Dupuis”). For the reasons stated below, the motion is granted.
*821The complaint alleges the following. On June 7, 1973, the Dupuis, who are husband and wife, purchased property in Chappaqua, New York (“Property”) and obtained a mortgage of $59,900 on the Property (“Mortgage”) from Yorkville. The Mortgage contained a due-on-sale clause under which the full principal…
2Cases cited4 opinions
- Cort v. AshSupreme Court of the United States · 1975
- Jackson Dairy, Inc. v. H. P. Hood & Sons, Inc.Court of Appeals for the Second Circuit · 1979
- Home Savings Bank v. Baer Properties, Ltd.Appellate Division of the Supreme Court of the State of New York · 1983
- First Federal Savings and Loan Association of Lake Worth, a Corporation Organized and Existing Under the Laws of the United States of America v. Paul E. Brown, First Federal Savings & Loan Association of Lake Worth v. Roy A. Gomes, First Federal Savings and Loan Association of Lake Worth v. Anthony Prieto, First Federal Savings & Loan Association of Lake Worth v. Eugene Masson, Florida Federal Savings and Loan Association, a Corporation Organized and Existing Under the Laws of the United States of America v. Larry O. Bauer and Sandra D. Bauer, His Wife and David B. Hernandez, a Single Man, Clearwater Federal Savings and Loan Association v. Ruth E. Mills, Joyce E. Smith, Hwb Employees Federal Credit Union, Ned I. Price, Roberta, M. Price v. Florida Federal Savings & Loan Association, a Corporation, First Federal Savings & Loan v. H.B. Peterson & Ruth Peterson, Mutual Federal Savings & Loan v. William M. Angelo, Mutual Federal Savings & Loan v. Pensacola Tractor & Equipment, First Federal Savings and Loan Association of Gadsden County v. H.B. Peterson and Ruth E. Peterson, William M. Angelo and Debi P. Angelo, Husband and Wife Tracy v. Herring and Brenda G. Herring, Husband and WifeCourt of Appeals for the First Circuit · 1983
3Cited by5 opinions
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- Knight v. Nationstar Mortgage, LLCDistrict Court, D. Maryland · 2024
- Lau v. Specialized Loan Servicing, LLCDistrict Court, S.D. New York · 2024
- Montgomery v. U.S. Bank N.A.District Court, D. Nebraska · 2025