IN RE SATTLERS, INC.

Bankruptcy No. 82 B 10157 (TLB), Adv. No. 84-6177A.

82 B.R. 229 (1988)

In re SATTLERS, INC., Debtor. Dorothy EISENBERG, Trustee of the Estate in Sattlers, Inc., Plaintiff, v. The BANK OF NEW YORK, Defendant.

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

January 12, 1988.


Attorney(s) appearing for the Case

Shaw, Goldman, Licitra, Levine & Weinberg, P.C. by Julian Kaplan, Garden City, N.Y., for trustee.

Emmet, Marvin & Martin by Edward P. Zujkowski, New York City, for Bank of New York.


MEMORANDUM OPINION AND ORDER ON MOTION TO DISMISS AMENDED COMPLAINT

TINA L. BROZMAN, Bankruptcy Judge.

At issue is the sufficiency of an amended complaint ("Amended Complaint") filed by Dorothy Eisenberg, the Chapter 7 trustee of Sattlers, Inc. ("Sattlers"), against the Bank of New York ("BONY"). The Amended Complaint was filed in response to this court's opinion and order of May 1, 1987 (the "First Opinion"), familiarity with which is assumed. Eisenberg...

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