Bernie Wolff Construction Corp. v. Grossinger Associates (In Re Grossinger Associates)

DECISION ON MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The defendants, Lloyds Bank P.L.C. and The Hokkaido Takushoku Bank, Limited (“the Banks”) have moved pursuant to Fed. R.Civ.P. 12(b)(6), as incorporated by Bankruptcy Rule 7012, for an order dismissing Counts I, III, IV and V of the Amended Complaint filed by the plaintiffs, a group of mechanics’ lienors who furnished labor and materials to construction projects on the premises owned by the debtor, Grossinger Associates. At the hearing on the motion, the plaintiffs agreed to discontinue Count V,…