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IN RE 47-49 CHARLES STREET, INC.

No. 96 Civ. 3826 (DC).

211 B.R. 5 (1997)

In re 47-49 CHARLES STREET, INC., Debtor. John S. PEREIRA, as Chapter 7 Trustee of 47-49 Charles Street, Inc., Petitioner, v. Richard DUNNINGTON, Gregory Ballweg, John R. O'Connor, Kathryn O'Connor, Philip Foxman, Respondents.

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

July 31, 1997.

Attorney(s) appearing for the Case

Donovan Leisure Newton & Irvine by A. Peter Lubitz, New York City, for petitioner.

Joseph Trotti, Bayside, NY, for respondent Richard Dunnington.

Lawrence Q. Rader, New York City, for respondent John O'Connor.

MEMORANDUM DECISION

CHIN, District Judge.

John S. Pereira, Chapter 7 trustee of the debtor 47-49 Charles Street, Inc., moves to remand certain landlord-tenant actions to the Civil Court of the City of New York, from which they were removed by Joseph Fischer. Because Fischer had no standing or basis to remove those actions, and pursuant to 28 U.S.C. § 1452(b), I grant the motion to remand the actions...

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