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IM RE POSEIDON POOL & SPA RECREATIONAL, INC.

Bankruptcy No. 805-87603-478. Adversary No. 806-8222-478.

391 B.R. 234 (2008)

In re POSEIDON POOL & SPA RECREATIONAL, INC., Debtor. Andrew M. Thaler, Trustee, Estate of Poseidon Pool & Spa Recreational, Inc., Plaintiff, v. Estate of Vincent J. Arbore, Deceased, Diane Arbore, in her capacity as Executrix of the Estate of Vincent J. Arbore, Diane Arbore, Ann Arbore, Peter Arbore, Jayvin Arbore, Allison Arbore, Michael Arbore, Katherine Arbore, Alan Arbore, James Arbore, Rosa Dinicolo and Rita Cannillo, Defendants.

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

July 3, 2008.

Attorney(s) appearing for the Case

Andrew M. Thaler, Esq., Thaler & Gertler, LLP, East Meadow, NY, for Plaintiff Trustee.

Joel Lewittes, Esq., Jaspan Schlesinger Hoffman LLP, Garden City, NY, for Defendants.

MEMORANDUM DECISION

DOROTHY EISENBERG, Bankruptcy Judge.

Before the Court is the Plaintiff Trustee's motion to dismiss with prejudice the Defendants' counterclaims for contractual indemnification under an agreement between the Debtor and Vincent J. Arbore ("Vincent Arbore") and for common law indemnification. This Court has jurisdiction of this matter pursuant to 28 U.S.C. § 1334. This contested matter is a core proceeding under 28 U.S.C. § 157...

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