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M & T Mortgage Corp. v. Miller

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


February 15, 2006

M & T MORTGAGE CORPORATION, PLAINTIFF,
v.
CEDRIC D. MILLER; ELIZABETH MILLER; NEW YORK CITY HEALTH AND HOSPITALS CORPORATION; CITY OF NEW YORK DEPARTMENT OF TRANSPORTATION PARKING VIOLATIONS BUREAU; NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL CONTROL; PEOPLE OF THE STATE OF NEW YORK; NEW YORK CITY BUREAU OF HIGHWAY OPERATIONS; NEW YORK CITY DEPARTMENT OF TAXATION AND FINANCE; TAXI AND LIMOUSINE COMMISSION; JOHN DOE; AND MARY DOE, DEFENDANTS.
CEDRIC D. MILLER AND ELIZABETH MILLER, THIRD-PARTY PLAINTIFFS,
v.
BETTER HOMES DEPOT, INC.; ERIC FESSLER, INDIVIDUALLY AND IN HIS CAPACITY AS PRESIDENT OF BETTER HOMES DEPOT, INC.; GLEN JOHN, INDIVIDUALLY AND IN HIS CAPACITY AS A REAL ESTATE BROKER EMPLOYED BY BETTER HOMES DEPOT, INC.; MADISON HOME EQUITIES, INC.; NADINE MALONE, INDIVIDUALLY AND IN HER CAPACITY AS PRESIDENT OF MADISON HOME EQUITIES, INC.; MICHAEL RINDENOW, INDIVIDUALLY AND IN HIS CAPACITY AS AGENT OF MADISON HOME EQUITIES, INC.; NEAL SULTZER, ESQ.; ACKERMAN, RAPHAN & SULTZER; MARC ORINGER; ALTON BROWN; C. PETER DAVID, ESQ.; CLA, INC.; ROBERT DOSCH; A.V.P. EXTERMINATORS, INC.; PARAGON ABSTRACT, INC.; LAWYERS TITLE INSURANCE CORPORATION; VERRAZANO ASSOCIATES, LTD.; FIDELITY NATIONAL TITLE INSURANCE COMPANY; UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THIRD-PARTY DEFENDANTS.

The opinion of the court was delivered by: Gershon, United States District Judge

ORDER

I have carefully reviewed the objections to Magistrate Judge Go's order of September 7, 2005, which denied the Millers' motion to compel non-party witness Gail Zucker to answer certain deposition questions to which she asserted a Fifth Amendment privilege against self-incrimination. Upon that review, I now find the objections to be without merit and affirm Judge Go's order. Judge Go correctly analyzed the issues of waiver raised by the Millers and correctly applied the law to the facts presented here.

SO ORDERED.

NINA GERSHON United States District Judge

20060215

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