IN RE GROSSINGER'S ASSOCIATES

Bankruptcy No. 89 B 20943, Adv. No. 90 ADV 6045.

115 B.R. 449 (1990)

In re GROSSINGER'S ASSOCIATES, a New York Limited Partnership, Debtor. BERNIE WOLFF CONSTRUCTION CORP., Nationwide Mechanical Contractors Corp., G.C. Monaco Electric, Inc., YH & GDM Construction Ventures, Haggerty Millwork Corp., Skat-Krete Const. Corp., J & L Concrete Construction Corp., Norman Kipper, Inc., Seeco Supply Corp., Service Scaffolding Co., Inc., Grand View Structural Steel, Sefi Fabricators, Perillo Associates, A & R Mechanical Contractors, Inc., Lasala Industries, Inc., Quickway Fabricators, Schnadelbach Partnership, Palma, Inc., Vermont Structural Slate Co., Inc., Waterbury Roofing Co., Inc., Dor-O-Matic, Morrell Brown Plastering Corp., Navajo Construction, Rolling Doors of L.I.C., Inc., Waterbury Roofing Co., Inc., and Modernfold/Styles, Inc., Plaintiffs, v. GROSSINGER ASSOCIATES, Lloyds Banks P.L.C. and the Hokkaido Takushoku Bank Limited, Defendants.

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

June 12, 1990.


Attorney(s) appearing for the Case

Robert L. Rattet, Laurence R. Nichter, Rattet Liebman, P.C., New York City, for plaintiffs.

Geoffrey Amsel, J. Lucian Manetta, Schulte Roth & Zabel, New York City, for defendants.

Ronald S. Itzler, Ballon, Stoll & Itzler, New York City, for debtor.


DECISION ON MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The defendants, Lloyds Bank P.L.C. and The Hokkaido Takushoku Bank, Limited ("the Banks") have moved pursuant to Fed. R.Civ.P. 12(b)(6), as incorporated by Bankruptcy Rule 7012, for an order dismissing Counts I, III, IV and V of the Amended Complaint filed by the plaintiffs, a group of mechanics' lienors who furnished labor and materials to construction projects...

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