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IN RE MADDEN

Bankruptcy No. 889-91727-20, Adv. No. 890-8286-20.

153 B.R. 119 (1993)

In re Brian H. MADDEN, a/k/a Brian Harold Madden, Debtor. Robert L. PRYOR, Trustee, Estate of Brian H. Madden, a/k/a Brian Harold Madden, Plaintiff, v. BASVIS REALTY CORP.; 142-150 Jericho Partners; J. Michael Hammer; Marguerite Carney; The Bank of New York; and Brian Madden, Defendants.

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

April 15, 1993.

Attorney(s) appearing for the Case

Kevin M. Walsh, Spellman & Walsh, Garden City, NY.

Robert L. Pryor, Goldman, Horowitz & Cherno, Mineola, NY, Chapter 7 Trustee.

Sacks Bernstein & Greenspan, Garden City, NY.

Cullman & Dykman, Brooklyn, NY.

DECISION AND ORDER ON MOTION TO DISMISS AND CROSS-MOTION FOR SUMMARY JUDGMENT

ROBERT JOHN HALL, Bankruptcy Judge.

PRELIMINARY STATEMENT

This matter comes before the Court on a motion ("Motion") by an above-referenced defendant to dismiss the complaint ("Complaint") in the above-referenced adversary proceeding ("Adversary Proceeding") for failure to state a cause of action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure ("Federal...

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