Legal Opinion
Schwartz & Weiss, P.C. v. Branch Motor Express Co. (In Re Branch Motor Express Co.)
United States Bankruptcy Court, S.D. New York
Decided July 17, 1985No. 19-10274PublishedCited by 5 opinions
1Opinion of the Court
DECISION AND ORDER
HOWARD C. BUSCHMAN III, Bankruptcy Judge.
The plaintiff Schwartz & Weiss, P.C., (“Schwartz & Weiss”) initiated this adver sary proceeding to recover the sum of $14,-867.19 which it alleges is being held in trust by Branch Motor Express (“Branch”). Branch denies that it is holding this sum in trust for plaintiff and moves to dismiss the claim pursuant to Federal Rule of Civil Procedure (“F.R.C.P.”) 12(b)(6).
In support, Branch submitted an affidavit regarding matters as to which there has been no discovery. The plaintiff responded with an affidavit tracking its complaint. Since…
2Cases cited20 opinions
- Goldman v. BeldenCourt of Appeals for the Second Circuit · 1985
- Sharp v. KosmalskiNew York Court of Appeals · 1976
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Bankers Security Life Insurance Society v. ShakerdgeNew York Court of Appeals · 1980
- People v. DavisNew York Court of Appeals · 1979
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3Cited by5 opinions
- Lane Bryant, Inc. v. Vichele Tops, Inc. (In Re Vichele Tops, Inc.)United States Bankruptcy Court, E.D. New York · 1986
- American Hull Insurance Syndicate v. United States Lines, Inc. (In Re United States Lines, Inc.)United States Bankruptcy Court, S.D. New York · 1987
- Chemical Bank v. United States Lines (S.A.), Inc. (In Re McLean Industries, Inc.)United States Bankruptcy Court, S.D. New York · 1991
- Beekman Paper Co. v. St. Theresa Properties, Inc. (In Re St. Theresa Properties, Inc.)United States Bankruptcy Court, S.D. New York · 1993
- American Hull Insurance Syndicate v. United States Lines, Inc. (In re McLean Industries, Inc.)District Court, S.D. New York · 1987