IN RE 9281 SHORE ROAD OWNERS CORP.

Bankruptcy No. 893-80885-167(JJC), Adversary Nos. 893-8081-167(JJC), 895-8702-167(JJC).

214 B.R. 676 (1997)

In re 9281 SHORE ROAD OWNERS CORP., Debtor. 9281 SHORE ROAD OWNERS CORP., Plaintiff, v. SEMINOLE REALTY CO., Sanford Sirulnick, Joseph Sirulnick, David T. Goldstick, Franklin J. Barr and Larry H. Abrams, Defendant.

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

October 30, 1997.


Attorney(s) appearing for the Case

Kensington & Ressler by Michael J. Venditto, New York City, for Plaintiff.

Lambert Weiss & Pisano by Alan M. Goldberg, New York City, for Defendants David Goldstick, Franklin Barr and Larry Abrams.

Jaspan, Schlesinger, Silverman & Hoffman by Salvatore LaMonica, Kenneth Silverman, Andrew S. Muller, Garden City, NY, for Seminole Realty.

Jeffrey S. Eisenberg, New York City, for Fleet Real Estate Funding Corp., Successor in Interest to Norstar Bank.


OPINION AND ORDER

JOHN J. CONNELLY, Bankruptcy Judge.

Before this Court is a motion to dismiss pursuant to Rule 7012(b)(6) of the Federal Rules of Bankruptcy Procedure ("Fed. R. Bankr.P."), brought by the Defendants, Seminole Realty Co. ("Seminole"), Sanford Sirulnick, and Joseph Sirulnick (hereinafter collectively known as the "Seminole Defendants"): (1) to dismiss the first, second, third, fourth, fifth, sixth, and seventh causes of action (the...

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