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IN RE MERCURY MASONRY CORP.

Bankruptcy No. 87-B-20425-6, No. 90 ADV. 6024.

118 B.R. 228 (1990)

In re MERCURY MASONRY CORPORATION and LaSala Enterprises, Inc., Debtors. MERCURY MASONRY CORPORATION, Plaintiff, v. TERMINAL CONSTRUCTION CORPORATION, Defendant.

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

August 20, 1990.

Attorney(s) appearing for the Case

Shea & Gould, New York City, for Mercury Masonry Corp.

Goddard & Blum, New York City, and Barr & Rosenbaum, Spring Valley, N.Y., for Terminal Const. Corp.

Angel & Frankel, P.C., New York City, for Joint Creditors' Committee.

DECISION ON MOTION FOR SUMMARY JUDGMENT AND CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT

HOWARD SCHWARTZBERG, Bankruptcy Judge.

Terminal Construction Corporation ("Terminal"), a defendant in an adversary proceeding commenced by the Chapter 11 debtor, Mercury Masonry Corporation ("Mercury"), has moved for summary judgment dismissing the debtor's complaint on the basis of signed, notarized releases issued by the debtor as a precondition to the receipt of 22 periodic...

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