SMITH v. BANK OF NEW YORK

Bankruptcy Nos. 84-01590-BKC-SMW, 84-01591-BKC-SMW, 84-01592-BKC-SMW, 84-01593-BKC-SMW and 84-01594-BKC-SMW. Adv. No. 87-0627-BKC-SMW-A.

161 B.R. 302 (1993)

Fred Stanton SMITH, as Trustee of the Miami Center Liquidating Trust, Plaintiff, v. The BANK OF NEW YORK, United States of America, Miami Center Limited Partnership, Chopin Associates, Holywell Corporation, Theodore B. Gould, and Miami Center Corporation, Defendants.

United States Bankruptcy Court, S.D. Florida.

September 24, 1993.


FINDINGS OF FACT AND CONCLUSIONS OF LAW AS TO TRUSTEE'S CLAIMS AGAINST THE BANK OF NEW YORK

SIDNEY M. WEAVER, Chief Judge.

This cause came before the court on June 21-22, 1993 for trial on Counts I and II of the Trustee's Amended Adversary Complaint against The Bank of New York. The Trustee seeks recovery both for negligent misrepresentations made by the bank and for enforcement of the indemnity agreement...

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