IN RE AMES DEPT. STORES, INC.

Bankruptcy No. 01-42217 (REG). Adversary No. 02-3085 (REG).

322 B.R. 238 (2005)

In re AMES DEPARTMENT STORES, INC., et al., Debtors. Metro-Goldwyn-Mayer Home Entertainment, Inc., Plaintiff, v. Ames Department Stores, Inc., and GMAC Commercial Credit LLC, Defendants.

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

February 18, 2005.


Attorney(s) appearing for the Case

Finkel, Goldstein, Berzow, Rosenbloom & Nash, LLP, By: Neal M. Rosenbloom, Esq. (argued), J. Ted Donovan, Esq., Peter L. Reilly, Esq., New York, NY, Glickfeld, Fields & Jacobson LLP, By: Lawrence M. Jacobson, Esq., Beverly Hills, CA, Counsel for plaintiff Metro-Goldwyn-Mayer Home Entertainment, Inc.

Hahn & Hessen LLP, By: John P. Amato, Esq. (argued), Matthew J. Lasky, Esq., Michael D. Thorp, Esq., New York, NY, Counsel for defendant GMAC Commercial Credit LLC, n/k/a GMAC Commercial Finance LLC.

Weil, Gotshal & Manges LLP, By: Martin J. Bienenstock, Esq., Deryck A. Palmer, Esq., Barry S. Gold, Esq. (argued), Michelle J. Meises, Esq., Timothy Q. Karcher, Esq., Samuel S. Kohn, Esq., New York, NY, Togut, Segal & Segal LLP, By: Gerald DiConza, Esq., New York, NY, Counsel for debtor-defendant Ames Department Stores, Inc.

Otterbourg, Steindler, Houston & Rosen, P.C., By: Rosanne A. Finkel, Esq., New York, NY, Counsel for the Official Creditors Committee.


DECISION ON MOTIONS TO DISMISS

ROBERT E. GERBER, Bankruptcy Judge.

In this adversary proceeding under the umbrella of the chapter 11 case of Ames Department Stores, Inc. ("Ames"), plaintiff Metro-Goldwyn-Mayer Home Entertainment, Inc. ("MGM") seeks monetary damages against defendants Ames and GMAC Commercial Credit LLC, n/k/a GMAC Commercial Finance LLC ("GMAC"), for conversion, forgery, and negligence, and for the imposition of a constructive trust...

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