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ALGONQUIN POWER INCOME FUND v. CHRISTINE FALLS OF NEW YORK, INC.

No. 6:07-CV-1258.

396 B.R. 106 (2008)

ALGONQUIN POWER INCOME FUND; Algonquin Power Corporation, Inc.; Algonquin Power U.S. Holdings, Inc.; Algonquin Power Fund (Canada), Inc.; and Algonquin Power Systems, Inc.; Adversary Defendants-Appellants, v. CHRISTINE FALLS OF NEW YORK, INC. and Trafalgar Power Inc.; Adversary Plaintiffs-Appellees.

United States District Court, N.D. New York.

November 6, 2008.

Attorney(s) appearing for the Case

Jeffrey A. Dove, Esq., James C. Thoman, Esq., Menter Rudin & Trivelpiece, Syracuse, NY, for Algonquin Power Parties.

Paul J. Yesawich, III, Esq., Laura W. Smalley, Esq., Harris Beach PLLC, Pittsford, NY, David M. Capriotti, Esq., Harris Beach PLLC, Syracuse, NY, for Trafalgar Power Parties.

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

Christine Falls of New York, Inc. and Trafalgar Power, Inc. (collectively "Trafalgar"), debtors in bankruptcy, filed an Adversary Complaint against the Algonquin entities listed in the caption (collectively "Algonquin") seeking a declaration that Algonquin does not hold a security interest in escrowed proceeds of an engineering malpractice judgment...

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