Legal Opinion

Green v. Bate Records, Inc. (In Re 10th Avenue Record Distributors, Inc.)

District Court, S.D. New York

Decided March 17, 1989No. 88 Civ. 7204PublishedCited by 21 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

OWEN, District Judge:

Bate Records, Inc., brings this appeal of the bankruptcy court’s decision of August 22, 1988, denying Bate’s motion for summary judgment. Bate is a retailer of records and tapes. Although established as a corporate entity separate from that of 10th Avenue, a record and tape wholesaler and Chapter 7 debtor in this action, 10th Avenue’s trustee in bankruptcy alleges that Bate has been used by one Torres, a 100% shareholder and officer of Bate and a 50% shareholder and officer of 10th Avenue, as an alter ego of 10th Avenue. As evidence of his alter ego…

2Cases cited18 opinions

Caplin v. Marine Midland Grace Trust Co. of New YorkSupreme Court of the United States · 1972
In the Matter of S.I. Acquisition, Inc., Debtor. S.I. Acquisition, Inc. v. Eastway Delivery Service, Inc.Court of Appeals for the Fifth Circuit · 1987
In Re Ozark Restaurant Equipment Co., Inc. James G. Mixon, Trustee v. Bruce Anderson, Elmer Dale Yancey, Kenneth Eads, Robert Whiteley and Anderson Cajun's Wharf, James G. Mixon, Trustee v. Anderson Cajun's Wharf, James G. Mixon, Trustee v. Ed Yancey, Bruce Anderson and Kenneth EadsCourt of Appeals for the Eighth Circuit · 1987
Walkovszky v. CarltonNew York Court of Appeals · 1966
Koch Refining v. Farmers Union Central Exchange, Inc.Court of Appeals for the Seventh Circuit · 1987

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

3Cited by21 opinions

St. Paul Fire and Marine Insurance Company v. Pepsico, Inc., Pepsico, Inc., Third-Party v. Banner Industries, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1989
Securities Investor Protection Corp. v. Stratton Oakmont, Inc.United States Bankruptcy Court, S.D. New York · 1999
Keene Corp. v. Coleman (In Re Keene Corp.)United States Bankruptcy Court, S.D. New York · 1994
Eisenberg v. Feiner (In Re Ahead by a Length, Inc.)United States Bankruptcy Court, S.D. New York · 1989
AP Industries, Inc. v. SN Phelps (In Re AP Industries, Inc.)United States Bankruptcy Court, S.D. New York · 1990

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