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IN RE MARTIN

Bankruptcy No. 92-11520, Adversary No. 95-91272.

201 B.R. 338 (1996)

In re Thomas A. MARTIN, Debtor. Thomas A. MARTIN, Plaintiff, v. Michael J. O'CONNOR, Chapter 7 Trustee, Key Bank of New York, N.A., Elias Cadan and John B. Warner II, Defendants.

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

October 8, 1996.

Attorney(s) appearing for the Case

Thomas A. Martin, Saratoga Springs, NY, pro se.

Deily, Testa & Dautel, L.L.P. by Jonathan D. Deily, Albany, NY, for Defendant Michael J. O'Connor, Chapter 7 Trustee.

Philip J. Danaher, Albany, NY, for Defendants Elias Cadan and John B. Warner II.

Hiscock & Barclay, L.L.P. by Michael J. Smith, Albany, NY, for Defendant Key Bank of New York, N.A.

MEMORANDUM DECISION

JOHN J. CONNELLY, Bankruptcy Judge, Sitting by Special Designation.

Thomas A. Martin ("Martin" or Debtor") filed on October 16, 1995, an adversary proceeding against Michael J. O'Connor, Chapter 7 Trustee ("Trustee"), Key Bank of New York, N.A. ("Key Bank"), Elias Cadan ("Cadan") and John B. Warner II ("Warner") (collectively, "Defendants"). Key Bank, the Trustee, Cadan and Warner have all filed motions to dismiss the Complaint pursuant...

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