O'Connell v. Three Park Avenue Building Co. (In Re Blutrich Herman & Miller)

OPINION ON MOTION TO DISMISS

TINA L. BROZMAN, Chief Judge.

Challenging the propriety of entry of the order for relief in this involuntary partnership bankruptcy — relief granted despite the petitioning partner’s admitted failure to serve the summons and involuntary petition on the alleged debtor and its non-petitioning partners — the defendant urges that the adversary proceeding commenced by the chapter 7 trustee appointed in reliance on that order for relief must fall for want of jurisdiction. Three Park Avenue Building Co. (the “Landlord”) pins its motion to dismiss on Federal Rules of Civil…