IN RE 50 PINE CO., LLC

Bankruptcy No. 03-12705 (ALG). Adversary No. 04-02333(ALG).

317 B.R. 276 (2004)

In re 50 PINE CO., LLC, Debtor. 50 Pine Co., LLC, Plaintiff, v. CapitalSource Finance LLC, Defendant.

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

September 30, 2004.


Attorney(s) appearing for the Case

Finkel, Goldstein, Berzow, Rosenbloom & Nash LLP, By Kevin Nash, Esq., New York City, for the Debtor/Plaintiff.

Thacher, Proffitt & Wood LLP, By Christopher F. Graham, Esq., Linda K. Clark, Esq., New York City, for the Defendant.


ALLAN L. GROPPER, Bankruptcy Judge.

On February 12, 2004, 50 Pine Co., LLC (the "Debtor"), filed the complaint in this adversary proceeding against Capital-Source Finance LLC ("CapitalSource"), setting forth the following claims for relief: (1) quasi-contract, (2) unjust enrichment and (3) the avoidance of payments made to CapitalSource as fraudulent conveyances pursuant to § 548 of the Bankruptcy Code.

CapitalSource, in turn, filed a motion to dismiss...

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