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IN RE PERSKY

Bankruptcy Nos. 185-51219-352, 185-51446-352, Adv. Nos. 186-0067, 186-0066.

134 B.R. 81 (1991)

In re Stuart PERSKY, Debtor. In re Bernard PERSKY, Debtor. COMMUNITY NATIONAL BANK AND TRUST COMPANY OF NEW YORK, Plaintiff, v. Stuart and Ronni PERSKY, Defendants. COMMUNITY NATIONAL BANK AND TRUST COMPANY OF NEW YORK, Plaintiff, v. Bernard and Shirley PERSKY, Defendants.

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

December 3, 1991.

Attorney(s) appearing for the Case

Corash, Hollender & Wilkens, Staten Island, N.Y. by Paul Hollender, for plaintiff.

Ballon, Stoll & Itzler, New York City by Harvey L. Woll, for defendants.

Marilyn Frier, Woodmere, N.Y., trustee.

DECISION ON DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINTS UNDER FED.R.CIV.P. 12(b)(6) AND FED.R.BANKR.P. 7012(b)

MARVIN A. HOLLAND, Bankruptcy Judge:

This is the second of defendants' motions to dismiss complaints that seek a sale of real property pursuant to section 363(h) of the Bankruptcy Code (Title 11 U.S.C.). The court grants the defendants' motion and dismisses the complaint.

Facts and Prior Proceedings

The defendants...

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