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IN RE MILLERLEE CORP.

Bankruptcy No. 86 B 10880 (TLB).

70 B.R. 780 (1987)

In re MILLERLEE CORP., Debtor. Edward R. KRAFT, KPL Corporation and Edward R. Kraft Construction, Plaintiffs, v. FISK ASSOCIATES and Millerlee Corp., Defendants. FISK ASSOCIATES, Cross-plaintiff and third-party plaintiff, v. MILLERLEE CORP. and William Lee, Cross-defendant and third-party defendant.

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

February 27, 1987.

Attorney(s) appearing for the Case

Victor & Bernstein, P.C. by Donald M. Bernstein, New York City, for Fisk Associates.

Jan O. Blau by Jan O. Blau, New York City, for plaintiffs.

Yost & O'Connell by Richard O'Connell, Flushing, N.Y., for trustee.

Jacoby & Meyers by Gregory Messer, Brooklyn, N.Y., for William Lee.

DECISION ON MOTIONS FOR SUMMARY JUDGMENT

TINA L. BROZMAN, Bankruptcy Judge.

Before us are the defendants' and third-party defendants' motions for summary judgment in a mechanic's lien foreclosure action previously removed to this court. For the reasons discussed below, we grant the defendants' motions to dismiss the complaint against Fisk Associates ("Fisk") and deem the plaintiff's summons and complaint as a proof of claim for general unsecured debt against...

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