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IN RE 23S23 CONST, INC.

Bankruptcy No. 09-12652 SR. Adversary No. 09-120.

445 B.R. 417 (2010)

In re 23S23 CONSTRUCTION, INC., Debtor(s). National Glass and Metal Company, Inc., D'Andrea Brothers Concrete Company, Inc., B.V.F. Construction Co., Inc., and Hunter Roberts Construction Group, Inc., Plaintiffs v. Amalgamated Bank, 23S23 Construction Inc., Carriage House Condominiums L.P., Carriage House Condominiums GP, L.P., Turchi, Inc., and John J. Turchi, Jr., Defendants and 23S23 Construction Inc., Carriage House Condominiums L.P., Third Party Plaintiffs v. Hunter Roberts Construction Group, LLC, Third Party Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

February 4, 2010.

Attorney(s) appearing for the Case

Leslie Beth Baskin , Spector Gadon Rosen , Philadelphia, PA, for Debtor.

George Pallas , Cohen, Seglias, Pallas, Greenhall & Furm, John F. Barrett , Bennett, Bricklin & Saltzberg, LLP, George E. Rahn, Jr. , Saul Ewing LLP, Philadelphia, PA, Allen B. Dubroff , Kerry S. Schuman , Robert Nemeroff , Friedman Schuman PC, Jenkintown, PA, for Plaintiffs.

Enrico C. Tufano , Wendy D. Testa , Wilson Elser Moskowitz Edelman & Dicker, Philadelphia, PA,

Adam H. Isenberg , Melissa W. Rand , Saul Ewing LLP, Philadelphia, PA, for Third Party Defendant.

OPINION

STEPHEN RASLAVICH, Chief Judge.

Introduction

Before the Court is the motion ("Motion") of Plaintiff, B.V.F. Construction Co. ("Plaintiff"), for leave to amend its Second Amended Complaint to join Amalgamated Bank, as Trustee of Longview Ultra I Construction Loan investment Fund, and Amalgamated Bank (collectively referred to as "Amalgamated Bank") as additional defendants in this adversary proceeding.1

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