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IN RE NEW YORK INTERN. HOSTEL, INC.

Bankruptcy No. 88 B 11286(TLB), Adv. No. 91-5065A.

142 B.R. 90 (1992)

In re NEW YORK INTERNATIONAL HOSTEL, INC., Debtor. MINHLONG ENTERPRISES, INC., Plaintiff, v. NEW YORK INTERNATIONAL HOSTEL, INC., and 43rd Street Development Corp., Defendants. 43RD STREET DEVELOPMENT CORP. and Common Ground Community HDFC, Inc., as successor-in-interest, Third-Party Plaintiffs, v. TIME PLAZA, INC., (previously known as Castle Development), Tran Dinh Truong, Bac Tran, Tho Tran, and Alphonse Hotel Corp., Third-Party Defendants.

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

July 15, 1992.

Attorney(s) appearing for the Case

Donovan Leisure Newton & Irvine by A. Peter Lubitz, New York City, for Common Ground Community HDFC, Inc.

Bruce Roswick, New York City, for 43rd Street Development Corp.

Alan H. Lichtenberg, P.C., New York City, for Tran Dinh Truong, Bac Tran and Alphonse Hotel Corp.

Harold, Salant, Strassfield & Spielberg by Gary Mitchel Sash, White Plains, N.Y., for Tho Tran and Time Plaza, Inc.

Silverberg Stonehill & Goldsmith, P.C. by Clyde Schaefer, New York City, for Minhlong Enterprises, Inc.

Epstein Becker & Green, P.C. by Ephraim Leibowitz, New York City, for debtor.

TINA L. BROZMAN, Bankruptcy Judge.

In this procedurally peculiar adversary proceeding, I am asked by the plaintiff and the third party defendants whether I possess the requisite subject matter jurisdiction to complete what the plaintiff began. The jurisdictional question first surfaced during oral argument on a motion for partial summary judgment seeking to declare the invalidity of two leases which were entered into postpetition, without court approval, while the...

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