M T MORTGAGE CORP. v. WHITE

This court has reviewed the unopposed Report and Recommendation ("R R") of Magistrate Judge Viktor V. Pohorelsky dated March 18, 2010. (Docket Entry #290, No. 04-CV-4775; Docket Entry #313, No. 04-CV-5620.) Finding no clear error, the court adopts Judge Pohorelsky's thorough and well-reasoned R R pursuant to 28 U.S.C. § 636(b)(1). Accordingly, the Motion for Summary Judgment by Better Homes Depot, Inc. and Madison Home Equities, Inc. (Docket Entry #279, No. 04-CV-4775; Docket Entry #310, No. 04-CV-5620) and the Motion for Summary Judgment by Defendant/Third-Party Plaintiff Leo White and Plaintiffs Linda Council and Kimberly Council (Docket Entry #282, No. 04-CV-4775; Docket Entry #313, No. 04-CV-5620) are DENIED.

SO ORDERED.

Dated: Brooklyn, New York August 25, 2010