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IN RE MOSELLO

Bankruptcy No. 93-B-21859 (ASH). Adv. No. 95-5073A.

190 B.R. 165 (1995)

In re Charles J. MOSELLO and Patricia Mosello, Debtors. Charles J. MOSELLO and Patricia Mosello v. ALI, INC., Anthony Keogh and Amerifirst Mortgage Corp., Defendants.

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

June 14, 1995.

Attorney(s) appearing for the Case

Leonard E. Lombardi, P.C. by Leonard E. Lombardi, Pleasantville, New York, for Plaintiffs/Debtors.

Windels, Marx, Davies & Ives by Susan F. Jennison, New York City, for Defendant ALI, Inc.

MEMORANDUM DECISION GRANTING MOTION TO DISMISS ADVERSARY PROCEEDING

ADLAI S. HARDIN, Jr., Bankruptcy Judge.

Relying on the so-called "strong arm" provisions of 11 U.S.C. § 544(a)(1), (2) and (3), the debtor-plaintiffs in this adversary proceeding seek a declaratory judgment that defendant ALI, Inc.'s ("ALI") mortgage lien on the debtors' real property was wholly released and extinguished by reason of a "Release of Part of Mortgaged Premises"...

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