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IN RE SEVERSON ACRES DEVELOPMENT CORP.

Bankruptcy No. 91-12569, Adv. No. 92-91016.

142 B.R. 59 (1992)

In re SEVERSON ACRES DEVELOPMENT CORP., Debtor. KING ROAD MATERIALS, INC., Plaintiff, v. SEVERSON ACRES DEVELOPMENT CORP., Luke D. Clemente, as Chairman of the Unsecured Creditors Committee, Richard H. Weiner, Chapter 7 Trustee, Gerrity Company, Inc., and Stephen R. Hill d/b/a Hill's Painting, Defendants.

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

July 9, 1992.

Attorney(s) appearing for the Case

Lombardi, Reinhard, Walsh & Harrison, Harlan R. Harrison, Albany, N.Y., for King Road Materials, Inc.

Daffner & Tang, E. Lisa Tang, Albany, N.Y., for Severson Acres Development Corp.

Cooper Erving Savage Nolan & Heller, Paul A. Levine, Albany, N.Y., for trustee.

Breakell & Couch, P.C., Mark W. Couch, Albany, N.Y., for Gerrity Company, Inc.

MEMORANDUM-DECISION

JUSTIN J. MAHONEY, Chief Judge.

The plaintiff has filed a complaint that seeks to recover from the debtor's estate in a first cause of action the sum of $20,000 for labor furnished and materials sold to Severson Acres Development Corp. ("Debtor") pursuant to a duly filed mechanic's lien and, in a second cause of action, the same amount pursuant to provisions of Article 3-A of the Lien Law of the State of New York.

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