WEINFELD, District Judge.
These are cross-motions for summary judgment in an action wherein plaintiff seeks to recover fees, disbursements and expenses incurred by it in a proceeding in the New York State Supreme Court upon the ground that such litigation was improperly thrust upon it by the defendant herein who was the petitioner therein.
It seeks recovery upon two causes of action: (1) breach by the defendant (also referred to hereinafter as the "Trustee...
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