Turner v. New York Hospital (In Re Moskowitz)

MEMORANDUM AND ORDER

BRIEANT, District Judge.

The Society of the New York Hospital (“New York Hospital”) applied to this Court on September 11,1981 for permission to appeal from the Decision and Order of the Bankruptcy Court, 13 B.R. 357, dated August 21, 1981 (Hon. Howard Schwartz-berg, Bankruptcy Judge), which denied defendant’s motion to dismiss plaintiff’s complaint for failure to state a claim upon which relief could be granted.

The plaintiff, Trustee of the Debtors, had commenced an adversary proceeding pursuant to 11 U.S.C. § 550 to recover proceeds of a claim under a Blue Cross/Blue…