IN RE CASALE

Bankruptcy No. 881-80660, Adv. No. 084-0075.

62 B.R. 899 (1986)

In re Antonio CASALE, a/k/a J. Anthony Casale, Debtor. Dorothy EISENBERG, Trustee, Estate of Antonio Casale, Debtor, Plaintiff, v. Antonio CASALE, a/k/a Anthony Casale, a/k/a J. Anthony Casale, Bonaventure Construction Corp., John Casale and Carl P. Maltese, Defendants.

United States Bankruptcy Court, E.D. New York.

July 8, 1986.


Attorney(s) appearing for the Case

Shaw, Goldman, Licitra, Levine & Weinberg, Garden City, N.Y. by Karen Carter Caso and Sarah Keenan, for plaintiff-trustee.

Macco, Hackeling & O'Shea, Melville, N.Y. by Michael Macco, for defendant-debtor.


OPINION

CECELIA H. GOETZ, Bankruptcy Judge:

The trustee of the estate of Antonio Casale, the plaintiff herein, is moving to dismiss a counterclaim interposed by the debtor-defendant, Antonio Casale. She seeks such relief on the ground that the counterclaim, which asks damages against her personally, cannot be asserted in a proceeding brought by her in her representative capacity. She contends that the counterclaims...

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