Legal Opinion

Official Committee of Unsecured Creditors of Operation Open City v. New York State Department (In Re Operation Open City, Inc.)

District Court, S.D. New York

Decided August 22, 1994No. 93 Civ. 0816 (PKL)PublishedCited by 19 opinions

1Opinion of the Court

OPINION AND ORDER

LEISURE, District Judge.

This is an appeal from an order issued on December 14, 1992, as amended December 30, 1992, by the United States Bankruptcy Court for the Southern District of New York. Pursuant to the order, a motion to dismiss based on sovereign immunity made by defendant New York State Department of State (“the State”) was denied, and plaintiff Operation Open City, Inc.’s motion for summary judgment was granted. Defendant was ordered to turnover certain disputed funds, previously offset by defendant, to debtor Operation Open City, pursuant to 11 U.S.C. § 542(a).…

2Cases cited37 opinions

  1. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Singleton v. WulffSupreme Court of the United States · 1976
  4. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  5. Russello v. United StatesSupreme Court of the United States · 1983

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3Cited by19 opinions

  1. In Re MartinezDistrict Court, D. Puerto Rico · 1996
  2. Petition of DavisUnited States Bankruptcy Court, S.D. New York · 1996
  3. Sacred Heart Hospital v. Commonwealth Department of Welfare (In Re Sacred Heart Hospital)United States Bankruptcy Court, E.D. Pennsylvania · 1996
  4. First Union National Bank of Florida v. Abbey Financial Corp. (In Re Abbey Financial Corp.)United States Bankruptcy Court, D. Massachusetts · 1996
  5. Packaging Industries Group, Inc. v. Dennison Manufacturing Co. (In Re Sentinel Products Corp.)District Court, N.D. New York · 1996

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