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IN RE WATERSCAPE RESORT LLC

Bankruptcy No. 11-11593 (SMB). Adversary No. 11-02248.

483 B.R. 601 (2012)

In re WATERSCAPE RESORT LLC, Debtor. Pavarini McGovern, LLC, Plaintiff, v. Waterscape Resort LLC, et al., Defendants.

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

December 10, 2012.

Attorney(s) appearing for the Case

Holland & Knight LLP, Frederick R. Rohn, Esq. , Henry A.H. Rosenzweig, Esq. , New York, NY, Special Litigation Counsel for the Debtor and Debtor in Possession.

Barton LLP, Eric W. Sleeper, Esq. , New York, NY, for Pavarini McGovern.

MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT

STUART M. BERNSTEIN, Bankruptcy Judge.

The plaintiff Pavarini McGovern, LLC ("Pavarini") was retained as general contractor by the debtor and defendant Waterscape Resort LLC ("Waterscape") to construct a building (the "Project") in Manhattan. Allegedly owed approximately $11 million, Pavarini commenced...

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