IN RE 19 COURT STREET ASSOCIATES, LLC

Bankruptcy No. 95 B 43637(PBA). Adv. No. 95-1206A(AJG).

190 B.R. 983 (1996)

In re 19 COURT STREET ASSOCIATES, LLC, Debtor. 19 COURT STREET ASSOCIATES, LLC, Plaintiff, v. RESOLUTION TRUST CORPORATION, The City of New York, Deborah C. Wright, as Commissioner of the Department of Housing Preservation and Development of the City of New York, Lauri Miller Michel, a Deputy Commissioner of the Department of Housing Preservation and Development of the City of New York, J.P. Morgan Community Development Corporation, Bankers Trust Company, and Common Ground Community Housing Development Fund Corp., Inc., Defendants.

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

January 16, 1996.


Attorney(s) appearing for the Case

Davidoff & Malito LLP, New York City (Robert Boneberg, Howard Weiss, of counsel) and Robinson Brog Leinwand Greene Genovese & Gluck, P.C., New York City (Robert M. Sasloff, of counsel), for Debtor.

Nixon, Hargrave, Devans & Doyle LLP, New York City (Constance M. Boland, Robert P. Fletcher, of counsel), for the Resolution Trust Corporation.

Jeffrey D. Friedlander, Acting Corporation Counsel of the City of New York, New York City (Karel S. Karpe, Assistant Corporation Counsel, of counsel), for the City of New York, Deborah C. Wright, as Commissioner of the Department of Housing Preservation and Development of the City of New York, and Lauri Miller Michel, as Deputy Commissioner of the Department of Housing Preservation and Development of the City of New York.

Luskin & Stern, New York City (Lori Lapin Jones, of counsel), for Bankers Trust Company, and J.P. Morgan Community Development Corporation.

Brown Raysman & Millstein, New York City (Gabriela P. Cacuci, Scott A. Steinberg, of counsel), for Common Ground Community Housing Development Fund Corporation, Inc.


MEMORANDUM OF DECISION ON MOTIONS BY DEFENDANTS TO DISMISS THE CLAIMS FOR RELIEF IN THE ADVERSARY PROCEEDING

ARTHUR J. GONZALEZ, Bankruptcy Judge.

FACTS

19 Court Street ("Court Street"), a limited liability company, filed a Chapter 11 petition on August 21, 1995.

In 1985, the Prince George Company ("Prince George") was the owner of the premises known as the Prince George Hotel (the "Premises"). In 1985, Prince George entered into a mortgage...

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