Legal Opinion

Pitter v. Baker (In re Cohoes Industrial Terminal, Inc.)

District Court, S.D. New York

Decided August 16, 1988No. Bankruptcy No. 86 B 20201Published

1Opinion of the Court

DECISION ON MOTION FOR SUMMARY JUDGMENT

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The debtor has filed two motions for summary judgment claiming that no factual dispute exists regarding the two adversary proceedings and other various actions brought on by the trustee against the debt- or. The trustee, in her adversary proceeding, is seeking a determination that a lease, which is the only remaining asset of the debtor in addition to approximately $350,-000, was not terminated and may be assumed by the trustee. Additionally, the trustee seeks to recover alleged improper post-petition payments made…

2Cases cited8 opinions

Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
In Re Cohoes Industrial Terminal, Inc.United States Bankruptcy Court, S.D. New York · 1986
Hamilton v. SmithCourt of Appeals for the Second Circuit · 1985
In Re Cohoes Industrial Terminal, Inc.District Court, S.D. New York · 1988

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