Legal Opinion
Hudson Holding Associates v. Rifino (In Re Hudson Holding Associates)
United States Bankruptcy Court, S.D. New York
Decided February 2, 1988No. 13-23786Published
1Opinion of the Court
DECISION ON COUNTERCLAIM FOR SPECIFIC PERFORMANCE
HOWARD SCHWARTZBERG, Bankruptcy Judge.
The defendant, Anthony Rifino (“Rifi-no”), has filed a counterclaim for specific performance of an option to purchase residential property which he rented from the Chapter 11 debtor, Hudson Holding Associates. The debtor had commenced an adversary proceeding against Rifino to set aside the purchase option extended by the debtor to Rifino in a written lease on the ground that it was given for an antecedent debt which the debtor owed to Rifino and, as such, constituted an avoidable preferential transfer under…
2Cases cited3 opinions
- American Society of Mechanical Engineers, Inc. v. Hydrolevel Corp.Supreme Court of the United States · 1982
- Standard Surety & Casualty Co. of New York v. Plantsville Nat. BankCourt of Appeals for the Second Circuit · 1946
- McDonald v. Dabbagh (In Re Perret)United States Bankruptcy Court, N.D. New York · 1986