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IN RE ANDREW VELEZ CONST., INC.

Bankruptcy No. 06-12765 (MG), Adversary No. 07-01706 (MG).

373 B.R. 262 (2007)

In re ANDREW VELEZ CONSTRUCTION, INC., Debtor. Andrew Velez Construction, Inc., Plaintiff, v. Consolidated Edison Company of New York, Inc. and The Switzer Group, Inc., Defendants.

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

August 14, 2007.

Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy LLP by Lena Mandel, Matthew S. Barr, New York, NY, for Consolidated Edison Company of New York, Inc.

Akerman Senterfitt Wickwire Gavin by Jeffrey G. Gilmore, Owen J. Shean, Vienna, VA, for Consolidated Edison Company of New York, Inc.

Arent Fox, LLP by David Pfeffer, New York, NY, Ortiz & Ortiz, LLP by Norma E. Ortiz, Brooklyn, NY, for Debtor Andrew Velez Construction, Inc.

MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

MARTIN GLENN, Bankruptcy Judge.

Defendant Consolidated Edison Company of New York, Inc. ("Con Edison") moved to dismiss portions of the adversary complaint ("Complaint") filed by the debtor, Andrew Velez Construction, Inc. ("Debtor" or "Velez"). Velez was the general contractor on a major construction project for Con Edison in Brooklyn, New York (the "Project"...

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