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IN RE ASSANTE

Bankruptcy No. 11-37823 (CGM). Adversary No. 12-09018 (CGM).

470 B.R. 707 (2012)

In re Anthony Armand ASSANTE, Debtor. Anthony Armand Assante, Plaintiff, v. Eastern Savings Bank, Defendant.

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

May 22, 2012.

Attorney(s) appearing for the Case

McElroy, Deutsch, Mulvaney & Carpenter LLP, By: Elina Chechelnitsky , New York, NY, for Plaintiff, Anthony Armand Assante.

Kriss & Feuerstein LLP, By: Lori J. Gilmore-Morris , Of Counsel, New York, NY, for Defendant, Eastern Savings Bank.

MEMORANDUM DECISION GRANTING DEFENDANT'S MOTION TO DISMISS ADVERSARY COMPLAINT

CECELIA G. MORRIS, Chief Judge.

The Plaintiff brings this adversary proceeding to subordinate Defendant's mortgage to the claims of all other creditors and to vacate Defendant's lien based on frustration of contract. The Court holds that the claims in Plaintiff's adversary complaint are barred by collateral estoppel because the issues in this proceeding were necessarily...

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