American Fruit & Vegetable Co., Inc. v. Ithaca Produce, Inc. et al
| American Fruit & Vegetable Co., Inc. |
| Ithaca Produce, Inc., Richard T. Cutia, Sr., Richard T. Cutie, Jr., Ithaca Produce Properties LLC, Elmira Savings Bank, F.S.B., Tompkins County Area Development, Inc., Empire State Certified Development Corporation, United States Small Business Administration, Tompkins County Indistrial Development Agency, Suburban Propane, L.P. and United States of America |
| 6:2010cv06271 |
| May 20, 2010 |
| U.S. District Court for the Western District of New York |
| Rochester Office |
| Monroe |
| David G. Larimer |
| Agricultural Acts |
| 07 U.S.C. § 499 |
| None |
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Filing
33
ORDER granting plaintiff's 27 Motion for Default Judgment. I further find and declare that the rights and interests of plaintiff American Fruit & Vegetable Co., Inc. as a beneficiary of a statutory trust created pursuant to 7 U.S.C. §499e (c), arising out of sales of commodities to Ithaca Produce, Inc., in certain real property commonly known as 150 Johnson Road, Town of Freeville, Tompkins County, New York (and described in detail in the complaint at 45), are in all respects prior an d superior in right and payment to any interest in such real property held, claimed, or which may be claimed by the three defaulting defendants: Empire State Certified Development Corporation, Tompkins County Area Development, Inc., and Suburban Propane, L.P. Signed by Hon. David G. Larimer on 11/16/11. (EMA)
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