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1440 RICHMOND v. FOUR BRIDGES

188 Misc.2d 42 (2001)

726 N.Y.S.2d 247

1440 RICHMOND REALTY CORP., Doing Business as VITALE SUNSHINE REALTY, Plaintiff, v. FOUR BRIDGES DEVELOPMENT CORPORATION, Doing Business as THE ATRIUM, et al., Defendants.

Supreme Court, Richmond County.

May 4, 2001.

Attorney(s) appearing for the Case

Olshan, Grundman, Frome, Rosenzweig & Wolosky for Bern Realty, Inc., defendant.

O'Neill, Stern & O'Neill for Four Bridges Development Corporation, defendant.

Decker & Decker for plaintiff.

OPINION OF THE COURT

JOSEPH J. MALTESE, J.

This Court holds that the plaintiff's action for a real estate broker's commission was not discharged by the defendant's bankruptcy. The burden of proving that the plaintiff creditor had notice or actual knowledge of a bankruptcy proceeding is upon the defendant debtor.

Facts

In May of 1993, the plaintiff who is a real estate broker procured 680 Cinema...

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