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IN RE CORNERSTONE HOMES, INC.

Bankruptcy Case No. 13-21103-PRW Adversary Proceeding No. 16-2005-PRW, Adversary Proceeding No. 16-2007-PRW.

567 B.R. 37 (2017)

IN RE: CORNERSTONE HOMES, INC., Debtor. Michael H. Arnold, as Chapter 11 Trustee, Plaintiff, v. First Citizens National Bank, Defendant. Michael H. Arnold, as Chapter 11 Trustee, Plaintiff, v. Community Preservation Corporation, Defendant.

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

Signed February 7, 2017.

Attorney(s) appearing for the Case

Gregory J. Mascitti, LeClair Ryan, Rochester, NY, for Plaintiff.

Allan L. Hill, Phillips Lytle LLP, Rochester, NY, Nickolas Joseph Karavolas, Phillips Lytle LLP, New York, NY, Ronald M. Terenzi, Stagg, Terenzi, Confusione & Wabnik, LLP, Garden City, NY, for Defendant.

DECISION AND ORDER DENYING MOTIONS TO DISMISS CAUSES OF ACTION ALLEGING ACTUAL AND CONSTRUCTIVE FRAUD

The Chapter 11 Trustee ("Trustee") brought suit against several commercial lenders in connection with similarly structured — but distinct — loans made to Cornerstone Homes,...

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