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IN RE MASTERWEAR CORP.

No. 97 B 47084(SMB) to 97 B 47088(SMB). Adversary No. 98-8724A.

241 B.R. 511 (1999)

In re MASTERWEAR CORP., et al., Debtors. Masterwear Corp., et al., Plaintiffs, v. Rubin Baum Levin Constant & Friedman, Defendant and Third Party Plaintiff, v. Albert Mushkin, Norman Bernard and Brad Bernard, Third Party Defendants.

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

November 5, 1999.

Attorney(s) appearing for the Case

Rubin Baum Levin Constant & Friedman, New York, Paul H. Aloe, Of Counsel, Pro Se.

Gordon, Gordon & Schnapp, P.C., New York, Elliot Schnapp, Of Counsel, for Norman Bernard and Brad Bernard.

Albert Mushkin, New York, Pro Se.

MEMORANDUM DECISION DENYING MOTION FOR SUMMARY JUDGMENT AND DISMISSING THIRD PARTY ACTION

STUART M. BERNSTEIN, Bankruptcy Judge.

The debtors (collectively "Masterwear") commenced this adversary proceeding to recover a prepetition payment made to the defendant Rubin Baum Levin Constant & Friedman ("Rubin Baum"). Rubin Baum impleaded the Third Party Defendants for indemnity. After Rubin Baum settled...

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