Decided: May 05, 1998
Larry M. (Freddie Mac) in the tort and you will infraction out of package action from foreclosures abreast of several characteristics described as this new Windbell assets and also the Dalton Put property. Siegel claims the area court erred in the event it concluded that this task is actually barred from the res judicata, of course they awarded Freddie Mac attorney’s charge incurred when you look at the safeguarding the experience. 1 We affirm both the section court’s give of bottom line wisdom and its honor out-of attorney’s fees.
Siegel is attractive the brand new region court’s grant of summary judgment inside prefer out of Government Mortgage Mortgage Corp
Towards November 22, 1989, Siegel and Gerber, their companion, executed and you may lead good Multifamily notice (brand new Windbell notice) in which they assured to pay the newest J.We. Kislak Mortgage Business (Kislak) the primary amount of $840,000 from inside the monthly installments. The fresh new mention are secure because of the an action regarding Believe, Task out-of Rents and Safety Arrangements, and by an equity Assignment of Apartments. With the November 27, 1989, Siegel and you may Gerber conducted and you will produced various other Multifamily mention (the fresh Dalton Place note) where they assured to spend Kislak the principal sum of $900,one hundred thousand. That notice was also shielded by the an effective Multifamily Action out of Believe, Assignment out of Rents and you may Shelter Agreements, and you may a security Assignment from Apartments. (more…)