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· 12/27/1990

Chemung Canal Trust Co. ex rel. Fairway Spring Co. v. Sovran Bank/Maryland

Citations

  • 753 F. Supp. 81
  • 13 Employee Benefits Cas. (BNA) 1298
  • 1990 U.S. Dist. LEXIS 17557
  • 1990 WL 212335

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding “continued threats” to collect upon a debt and foreclosure were insufficient to support an IIED claim
  • dismissing count in complaint captioned “Injunctive Relief” because “[a]n injunction is not a cause of action, but a remedy”; noting, however, that “injunctive relief may be available if [plaintiff] succeeds on the merits of his remaining claims”
  • dismissing count in complaint captioned “Injunctive Relief” because “[a]n injunction is not a cause of action, but a remedy”; noting, however, that “injunctive relief may be available if [plaintiff] succeeds on the merits of his remaining claims”
  • continued threats to collect upon and enforce a legally enforceable debt, including threatened home foreclosure, insufficient to state a claim of IIED
  • “An injunction is not a cause of action, but a remedy.”
  • “non-PSA-compliant” transaction is typically “voidable,” rather than “void” under New York law

Source: CourtListener parenthetical corpus (CC0).

Judges: Telesca

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.