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IN RE KOLINSKY

Bankruptcy No. 86 B 20217, Nos. 89 Adv. 6005, 89 Adv. 6005A.

100 B.R. 695 (1989)

In re Joseph T. KOLINSKY, Debtor. Joseph T. KOLINSKY and Conjo Realty Corp., Plaintiffs, v. Abraham RUSS, Russ & Weyl, Jay Edmond Russ, Joseph P. Gagliano, and Alexander M. Goren and James G. Goren d/b/a Goren Brothers, Defendants.

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

June 8, 1989.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan, New York City, for defendants Gagliano, the Gorens and Jay Russ.

Russ & Weyl, Massapequa, N.Y., for defendants Abraham Russ & Russ & Weyl.

Reich & Reich, White Plains, N.Y., for Joseph T. Kolinsky.

Herrick, Feinstein, New York City, for Conjo Realty Corp.

MOTIONS TO DISMISS THE COMPLAINT OR FOR ABSTENTION

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The nondebtor defendants in an adversary proceeding commenced by the debtor, Joseph T. Kolinsky ("Kolinsky"), and his wholly owned nondebtor corporation, Conjo Realty Corp. ("Conjo"), made a motion returnable on June 2, 1989, to dismiss the complaint on various grounds including lack of subject matter jurisdiction and failure to state a claim upon which relief can be...

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