Samuels v. Eleonora Beheer, B. V.

OPINION

EDWARD WEINFELD, District Judge.

After a careful study of the undisputed agreements, promissory notes and mortgage instruments executed by one or more of the parties to this litigation, the Court is persuaded that plaintiffs, anticipating a foreclosure suit by defendant based upon plaintiffs’ default of payments of almost $3,000,-000 due under the agreements, “jumped the gun” by commencing an action in the Supreme Court of the State of New York seeking rescission of the agreements and restitution of $5,000,000 already paid to defendant pursuant to such agreements on the ground of fraud,…