AMERICAN EXPRESS INTERN. BANKING CORP. v. Sabet, 79 Civ. 4203 (WCC).

CourtUnited States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
Citation512 F. Supp. 472
Decision Date06 April 1981
PartiesAMERICAN EXPRESS INTERNATIONAL BANKING CORPORATION, Plaintiff, v. Habib SABET, Iradj Sabet, Hormoz Sabet and Firooz Corporation, Defendants.
Docket Number79 Civ. 4203 (WCC).

512 F. Supp. 472

AMERICAN EXPRESS INTERNATIONAL BANKING CORPORATION, Plaintiff,
v.
Habib SABET, Iradj Sabet, Hormoz Sabet and Firooz Corporation, Defendants.

79 Civ. 4203 (WCC).

United States District Court, S. D. New York.

April 6, 1981.


Winthrop, Stimson, Putnam & Roberts, New York City, for plaintiff; John F. Pritchard, David J. Long, New York City, of counsel.

Coudert Brothers, New York City, for defendants; Mark D. Lebow, J. L. Siegel, L. M. Barry, J. D. Pope, New York City, of counsel.

OPINION AND ORDER

CONNER, District Judge:

This case is presently before the Court on objections filed pursuant to 28 U.S.C. § 636(b)(1) to the Report and Recommendation of Magistrate Ruth V. Washington dated February 10, 1981.

Background

In an Opinion and Order of August 29, 1980, this Court granted plaintiff's motion for summary judgment against Habib and Iradj Sabet and indicated that summary judgment would also be appropriate as to defendant Hormoz Sabet if Hormoz had been properly served. The Court directed Hormoz Sabet to submit an affidavit clarifying his contention that he had not been served in light of the specific averments in the affidavit of Carl Kornbluth, plaintiff's process server, that Kornbluth had handed papers to Hormoz Sabet at 2:55 P.M. on August 3, 1980 in the offices of Gulf Associates at 30 Rockefeller Plaza. When Hormoz Sabet filed an affidavit specifically denying

512 F. Supp. 473
that he had been so served, the Court referred the matter to Magistrate Washington for a hearing on this factual dispute

Magistrate Washington conducted the hearing on October 8 and October 31, 1980. Testimony included that of Kornbluth, Hormoz Sabet, Mark Lebow, a partner at Coudert Brothers, Hormoz Sabet's attorneys, David Long, an associate at Winthrop, Stimson, Putnam & Roberts, attorneys for plaintiff, and Vahan Emenian, vice-president of plaintiff. The Magistrate concluded that the testimony of Kornbluth, supported by his contemporaneous log notes, that he had handed the papers to a man pointed out to be Hormoz Sabet by the receptionist at Gulf Associates, a Sabet-controlled corporation, and identifying himself as Hormoz Sabet, was credible. The Magistrate rejected the testimony of Hormoz Sabet that he had not been so served because he had spent the entire afternoon at the offices of Coudert Brothers; she noted that the supporting testimony of Mark Lebow that he and Sabet had generally spent the afternoon of August 3 preparing defenses in another case did not specifically indicate that Hormoz had been in Lebow's presence at 2:55...

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10 practice notes
  • Perez-Rubio v. Wyckoff, No. 84 Civ. 8229(RJW).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • August 10, 1989
    ...with respect to whether reliance should be placed on the magistrate's findings." American Express Int'l Banking Corp. v. Sabet, 512 F.Supp. 472, 473 (S.D.N.Y.1981), aff'd without opinion, 697 F.2d 287 (2d Cir.), cert. denied, 459 U.S. 858, 103 S.Ct. 129, 74 L.Ed.2d 111 In the instant c......
  • Coronado v. Lefevre, No. 87 Civ. 2539 (RJW).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • October 1, 1990
    ...with respect to whether reliance should be placed on the magistrate's findings." American Express Int'l Banking Corp. v. Sabet, 512 F.Supp. 472, 473 (S.D.N.Y.1981), aff'd without opinion, 697 F.2d 287 (2nd Cir.), cert. denied, 459 U.S. 858, 103 S.Ct. 129, 74 L.Ed.2d 111 In the instant ......
  • Abrahams v. Appellate Div. Of Supreme Court, No. 05 Civ. 4053(SCR)(GAY).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • February 7, 2007
    ...discretion with respect to whether reliance should be placed on those findings." American Express Int'l Banking Corp. v. Sabet, 512 F.Supp. 472, 473 (S.D.N.Y. 1981), aff'd without opinion, 697 F.2d 287 (2d Cir.1982), cert. denied, 459 U.S. 858, 103 S.Ct. 129, 74 L.Ed.2d 111 Here, Plain......
  • Kam Shing Chan v. City of New York, No. 90 Civ. 5653 (RJW).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 8, 1992
    ...respect to whether reliance should be placed on the magistrate judge's findings." American Express Int'l Banking Corp. v. Sabet, 512 F.Supp. 472, 473 (S.D.N.Y.1981), aff'd without opinion, 697 F.2d 287 (2d Cir.), cert. denied, 459 U.S. 858, 103 S.Ct. 129, 74 L.Ed.2d 111 B. Standards fo......
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10 cases
  • Perez-Rubio v. Wyckoff, No. 84 Civ. 8229(RJW).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • August 10, 1989
    ...with respect to whether reliance should be placed on the magistrate's findings." American Express Int'l Banking Corp. v. Sabet, 512 F.Supp. 472, 473 (S.D.N.Y.1981), aff'd without opinion, 697 F.2d 287 (2d Cir.), cert. denied, 459 U.S. 858, 103 S.Ct. 129, 74 L.Ed.2d 111 In the instant c......
  • Coronado v. Lefevre, No. 87 Civ. 2539 (RJW).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • October 1, 1990
    ...with respect to whether reliance should be placed on the magistrate's findings." American Express Int'l Banking Corp. v. Sabet, 512 F.Supp. 472, 473 (S.D.N.Y.1981), aff'd without opinion, 697 F.2d 287 (2nd Cir.), cert. denied, 459 U.S. 858, 103 S.Ct. 129, 74 L.Ed.2d 111 In the instant ......
  • Abrahams v. Appellate Div. Of Supreme Court, No. 05 Civ. 4053(SCR)(GAY).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • February 7, 2007
    ...discretion with respect to whether reliance should be placed on those findings." American Express Int'l Banking Corp. v. Sabet, 512 F.Supp. 472, 473 (S.D.N.Y. 1981), aff'd without opinion, 697 F.2d 287 (2d Cir.1982), cert. denied, 459 U.S. 858, 103 S.Ct. 129, 74 L.Ed.2d 111 Here, Plain......
  • Kam Shing Chan v. City of New York, No. 90 Civ. 5653 (RJW).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 8, 1992
    ...respect to whether reliance should be placed on the magistrate judge's findings." American Express Int'l Banking Corp. v. Sabet, 512 F.Supp. 472, 473 (S.D.N.Y.1981), aff'd without opinion, 697 F.2d 287 (2d Cir.), cert. denied, 459 U.S. 858, 103 S.Ct. 129, 74 L.Ed.2d 111 B. Standards fo......
  • Request a trial to view additional results

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