Dunbar v. Wiener

Charles J. Doneghy, Judge.

This declaratory judgment case is before the court on a summary judgment motion filed by defendants Martin Z. Wiener and the Sycamore Realty Company (“Sycamore”) and a motion for partial summary judgment filed by the plaintiffs. Upon review of the pleadings, memoranda of the parties, evidence, and applicable law, the court finds that Wiener and Sycamore’s motion should be granted and that the plaintiffs’ motion should be denied.

I FACTS

The plaintiffs in this action are unsecured creditors of defendant Stephan H. Wiener (“Stephan”). Stephan and his father, Martin Z.…