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IN RE RANDALL'S ISLAND FAMILY GOLF CENTERS, INC.

Nos. 00-41065 to 00-41101, 00-41103 to 00-41196(SMB), Adversary No. 02-3147.

288 B.R. 701 (2003)

In re RANDALL'S ISLAND FAMILY GOLF CENTERS, INC., et al., Debtors. Family Golf Centers, Inc., Plaintiff, v. Acushnet Company and Fortune Brands, Inc.

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

February 3, 2003.

Attorney(s) appearing for the Case

Golenbock, Eiseman, Assor, Bell & Peskoe, Jonathan L. Flaxer, Jacqueline G. Veit, Sydney R. Smith, of Counsel, New York City, for Plaintiff.

Epstein, Becker & Green, P.C., Robert D. Goldstein, of Counsel, New York City, for Defendants.

MEMORANDUM DECISION DENYING MOTION TO DISMISS COMPLAINT

STUART M. BERNSTEIN, Chief Judge.

After an earlier action was dismissed for procedural reasons at the defendants' urging, the plaintiff immediately refiled this adversary proceeding curing the infirmity. The defendants have now moved to dismiss this lawsuit pursuant to FED. R. CIV. P. 12(b)(6), contending that the claims are time-barred. For the reasons that follow, the motion is denied.

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