-HBP LaSalle Bank National Association v. CIBC Inc., No. 1:2008cv08426 - Document 82 (S.D.N.Y. 2011)

Court Description: MEMORANDUM & ORDER granting in part and denying in part 39 Motion for Summary Judgment filed by Plaintiff and granting in part and denying in part 43 Motion for Summary Judgment filed by Defendant: For the reasons set forth within, summary judgme nt is granted in CIBC's favor with respect to LaSalle's claims concerning the Saab Pledge, Representation 6 concerning the Litigation Liens, Representations 10(d), and Representation 13. Further, this Court grants summary judgment on LaSall e's claim that the Second Mortgage breached Representation 6. In all other respects, the motions for summary judgment are denied. A trial is necessary on the issue of whether the Second Mortgage had a material and adverse effect and on LaSalle&# 039;s claims for breaches of Representations 14 and 25. The Clerk of the Court is directed to terminate the motions pending at ECF Nos. 39 and 43. Finally, CIBC's motion pending at ECF No. 80 to strike the two Declarations of Thomas F. Nealon III is denied. (Signed by Judge William H. Pauley, III on 10/17/2011) (ab)