Legal Opinion

Blue Dog at 399 Inc. v. BP 399 Park Avenue LLC (In re Blue Dog at 399 Inc.)

United States Bankruptcy Court, S.D. New York

Decided October 27, 2015No. Case No.: 15-10694 (MEW); Adv. Proc. No.: 15-1097 (MEW)Published

1Opinion of the Court

OPINION DENYING MOTION TO DISMISS

MICHAEL E. WILES, UNITED STATES BANKRUPTCY JUDGE

Before the Court is a motion to dismiss (the “Motion to. Dismiss”) filed by BP 399 Park Avenue LLC (the “Landlord”) in the above-captioned adversary proceeding brought by Blue Dog at 399 Inc. (the “Debtor”). Among other things, the Landlord takes the position that this Court is precluded from considering the claims raised in the Debtor’s complaint (the “Complaint”) under the doctrines of res judicata and collateral estoppel. The Landlord .also takes the position that this Court lacks subject-matter jurisdiction…

2Cases cited14 opinions

Exxon Mobil Corp. v. Saudi Basic Industries Corp.Supreme Court of the United States · 2005
Ryan v. New York Telephone Co.New York Court of Appeals · 1984
Frank McKithen v. Richard Brown, District Attorney, County of Queens, New YorkCourt of Appeals for the Second Circuit · 2007
LAWRENCE STOREY, — v. CELLO HOLDINGS, L.L.C., CELLO MUSIC AND FILM SYSTEMS, INC., — HERRICK, FEINSTEIN LLP AND ODIN, FELDMAN & PITTLEMAN, P.C.Court of Appeals for the Second Circuit · 2003
Green v. MattinglyCourt of Appeals for the Second Circuit · 2009

9 more not listed; retrieve them via the Exa API.