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IN RE ALTCHEK

Bankruptcy Nos. 90 B 20462, 90 ADV. 6096.

119 B.R. 31 (1990)

In re Ira ALTCHEK, Debtor. Ira ALTCHEK, Plaintiff, v. Iris ALTCHEK, Gardenia Realty Associates, Gardenia Realty Two Associates, Inc., Gardenia 112 Rogers Ave. Associates, Salem Realty, Gardenia Development Corp., First Gardenia Properties, Inc., Flatbush Pacific Development Corp., Gardenia Management Corp., Salemo Development Corp., Melas Realty, Inc., Gardenia 234 8th Street Associates, Gardenia 653-655 Franklin Avenue, Associates Gardenia 815 St. John Place Assoc. Gardenia 731 Dean Street Assoc., Gardenia 730 Franklin Ave. Associates, Gardenia 794 Classon Ave., Associates, Gardenia 298 12th Street Associates, 392 St. Mark's Realty, Inc., Gardenia 435 13th Street Associates, Gardenia 437 13th Street Associates, Gardenia 111 Kane Street Condominiums, Gardenia 622 Nostrand Associates, Gardenia Sales Corp., Ajems Development Corp., Gardenia Holden, Inc., Gardenia 765 Park Place Assoc., Gardenia 1037 Bergen Associates, Gardenia 516 Sterling Place Associates, 399 Columbia Associates, Gardenia 113 Kane Associates, Gardenia 71 Underhill Associates, Gardenia 944 Fulton Street Associates, Gardenia Hancock Associates, Gardenia 912 Associates, Defendants.

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

September 27, 1990.

Attorney(s) appearing for the Case

Kurtzman & Haspel, Nanuet, N.Y., for defendants.

Shatz, Meier & Scher, New York City, for debtors.

DECISION ON MOTION TO DISMISS, ABSTAIN AND FOR MORE DEFINITE STATEMENT

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The defendants in this adversary proceeding seek alternative relief with respect to the complaint filed by the Chapter 11 debtor. The defendants have moved for a dismissal of the adversary proceeding pursuant to Fed.R.Civ.P. Rule 12, as adopted by Bankruptcy Rule 7012, on the ground that the complaint does...

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