IN RE BROADWAY EQUITY HOLDINGS LLC

Case No. 17-22242 (RDD) Adv. Pro. No. 17-8215.

617 B.R. 777 (2020)

IN RE: BROADWAY EQUITY HOLDINGS LLC, Debtor. Broadway Equity Holdings LLC, Plaintiff, v. 152 Broadway Haverstraw NY LLC, Blue Beverage Group, Inc., Joseph Goldberger, Toby Weinberger, Mft Holdings LLC, Estate of Jeno Guttman, Ryvkie Goldberger, Village of Haverstraw Receiver of Taxes, Commissioner of Finance of the County of Rockland, New York State Department of Taxation and Finance, "John Doe No. 1" through "John Doe No. 10", and, said names being fictitious, it being the intention of Plaintiff to designate all persons, partnerships, corporations, or other entities in possession of the premises as tenant or otherwise any/or all other persons or entities having or claiming an interest in said premises, Defendants. 152 Broadway Haverstraw NY LLC, Blue Beverage Group, Inc., Joseph Goldberger, and Joseph Menczer, Counterclaim Plaintiffs, v. Broadway Equity Holdings LLC, Joel Wertzberger a/k/a Joel Wurtzberger, Aron Wolcowitz a/k/a Aron Jacob Wolcowitz a/k/a Jack Wolkowitz and Judy Minster, Counterclaim Defendants.

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

May 12, 2020.


Attorney(s) appearing for the Case

Robinson Brog Leinwand Greene Genovese & Gluck P.C., by Fred B. Ringel, Esq., counsel for Plaintiff and Counterclaim Defendant Broadway Equity Holdings LLC.

Rubin LLC, by Paul A. Rubin, Esq., counsel for Counterclaim Defendants Joel Wertzberger, Aaron Wolcowitz, and Judy Minster nee Wolcowitz.

Backenroth Frankel & Krinsky, LLP, by Abraham Backenroth, Esq., and Law Office of Jeffrey Fleischmann PC, by Jeffrey Fleischmann, Esq., joint counsel for Defendants with the exception of Village of Haverstraw Receiver of Taxes, Commissioner of Finance of the County of Rockland, New York State Department of Taxation and Finance, and John Does No. 1 through No. 10, as well as for Counterclaim Plaintiffs 152 Broadway Haverstraw NY LLC, Blue Beverage Group, Inc., Joseph Goldberger, and Joseph Menczer.


MEMORANDUM OF DECISION AFTER TRIAL

In this adversary proceeding the debtor and debtor in possession, Broadway Equity Holdings LLC ("Broadway Equity" or the "Plaintiff") seeks to enforce a note in the sum of $6 million, plus interest, costs and expenses of enforcement, including attorneys...

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