G.B.G., Inc. v. Kolinsky (In Re Kolinsky)

DECISION ON MOTION FOR SUMMARY JUDGMENT FOR A PROTECTIVE ORDER AND TO COMPEL THE PRODUCTION OF DOCUMENTS

HOWARD SCHWARTZBERG, Bankruptcy Judge.

G.B.G., Inc. (“G.B.G.”) and Jay Russ (“Russ”) have moved for summary judgment to dismiss the affirmative defenses and counterclaim asserted by the defendants, Joseph T. Kolinsky (“Kolinsky”), the debtor, and his wholly owned nondebtor corporation, Conjo Realty Corp. (“Conjo”), in an adversary proceeding for specific performance of a contract for the purchase and sale of real property. In support of their motion, G.B.G. and Russ argue that there are no…