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IN RE FLUSHING HOSP. AND MEDICAL CENTER

Bankruptcy No. 98-17475-CEC. Adversary Nos. 07-1600-CEC, 07-1618-CEC.

395 B.R. 229 (2008)

In re FLUSHING HOSPITAL AND MEDICAL CENTER d/b/a The New York Flushing Hospital Medical Center, Debtor. Avrum J. Rosen, Trustee of the Flushing Hospital Creditor Trust, Plaintiff, v. Breitner & Hoffman, P.C., Defendant. Flushing Hospital Medical Center, Plaintiff, v. Breitner & Hoffman, P.C., Defendant.

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

September 29, 2008.

Attorney(s) appearing for the Case

Martin G. Bunin, Esq., Alston & Bird LLP, New York, NY, for Avrum J. Rosen, Trustee of the Flushing Hospital Creditor Trust.

Avrum J. Rosen, Esq., The Law Offices of Avrum J. Rosen, PLLC, Huntington, NY, Trustee of the Flushing Hospital Creditor Trust.

Christopher B. Hitchcock, Esq., John Hanson, Esq., Hitchcock & Cummings LLP, New York, NY, for Breitner & Hoffman, P.C.

Patrick T. Collins, Esq., Robert C. Yan, Esq., Farrell Fritz, P.C., Uniondale, NY, for Flushing Hospital and Medical Center.

Roy H. Carlin, Esq., Breslow & Walker, LLP, New York, NY, for Breitner & Hoffman, P.C.

DECISION

CARLA E. CRAIG, Chief Judge.

This matter comes before the Court on the motions of Breitner & Hoffman, P.C. ("Breitner") to dismiss an adversary proceeding brought by Avrum J. Rosen, trustee of the Flushing Hospital Creditor Trust (the "Trustee"), and for summary judgment in an adversary brought by Flushing Hospital Medical Center (the "Debtor" or "Flushing Hospital"). For the following reasons...

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