IN RE NEW YORK INTERN. HOSTEL, INC.

No. 92 Civ. 8076 (JFK).

157 B.R. 748 (1993)

In re NEW YORK INTERNATIONAL HOSTEL, INC., Debtor. MIHNLONG ENTERPRISES, INC., Plaintiff-Appellee, 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 Troung, Bac Tran, Tho Tran and Alphonse Hotel Corp., Third-Party Defendants-Appellees.

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

August 12, 1993.


Attorney(s) appearing for the Case

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

Weisman & Weisman, New York City, for 43rd Street Development Corp.; Herbert Weisman, of counsel.

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

Silverberg, Stonehill & Goldsmith, P.C., New York City, for Mihnlong Enterprises, Inc.; Clyde Schaefer, of counsel.

Epstein Becker & Green, P.C., New York City, for the debtor; Ephraim Leibowitz, of counsel.


KEENAN, District Judge:

INTRODUCTION

Defendants/Third-Party-Plaintiffs/Appellants 43rd Street Development Corp. ("43rd Street") and Common Ground Community HDFC, Inc. ("Common Ground") (collectively, "Appellants") appeal from an Order of the United States Bankruptcy Court for the Southern District of New York, Brozman, J., dismissing Appellants' counter- and third-party claims on the grounds (1) that the bankruptcy court lacked subject matter jurisdiction...

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