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IN RE BLUTRICH HERMAN & MILLER

Bankruptcy No. 97 B 47248(TLB), Adversary No. 98-A 9089A.

227 B.R. 53 (1998)

In re BLUTRICH HERMAN & MILLER, Debtor. Richard O'CONNELL, as Trustee, Plaintiff, v. THREE PARK AVENUE BUILDING CO., L.P., Richard P. Herman, P.C. and The Seavey Organization, Inc., Defendants.

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

November 16, 1998.

Attorney(s) appearing for the Case

Itkowitz & Harwood by Donald A. Harwood, Allyn J. Crawford, Lisa Blustein, New York City, for the Three Park Avenue Building Co.

Zivyak, Klein & Liss, L.L.P. by Jeffrey L. Zivyak, New York City, for the Chapter 7 trustee.

Richard B. Herman, P.C., New York City, pro se.

Gilbride, Tusa, Last & Spellane, L.L.C. by Kirsti A. Reidel, New York City, for The Seavey Organization, Inc.

OPINION ON MOTION TO DISMISS

TINA L. BROZMAN, Chief Judge.

Challenging the propriety of entry of the order for relief in this involuntary partnership bankruptcy — relief granted despite the petitioning partner's admitted failure to serve the summons and involuntary petition on the alleged debtor and its non-petitioning partners — the defendant urges that the adversary proceeding commenced...

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