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IN RE B&M LINEN CORP.

Case No. 12-11560 (ALG), Adv. Pro. No. 12-1885-alg.

In re: B&M LINEN CORP., Chapter 11, Debtor. B&M LINEN CORP. and 220 COSTER LLC, Plaintiffs, v. 220 LAUNDRY LLC and ELIOT SPITZER, MICHAEL STEINBERG and ADAM J. TELLER, Defendants, v. MIRON MARKUS and BORIS MARKUS, Counterclaim Defendants, 220 LAUNDRY LLC. and ELIOT SPITZER, Third-Party Plaintiffs, v. MIRON MARKUS and BORIS MARKUS, Third-Party Defendants.

United States Bankruptcy Court, S.D. New York.

July 12, 2013.

Attorney(s) appearing for the Case

Joel M. Shafferman, Esq. , SHAFFERMAN & FELDMAN LLP, New York, New York, Counsel for Debtor and Plaintiff, B&M Linen Corp.

Timothy W. Walsh, Esq. , McDERMOTT WILL & EMERY LLP, New York, New York, Counsel for Plaintiff 220 Coster LLC and Third-Party Defendants Miron Markus and Boris Markus.

Stephen R. Sugrue, Esq. , COTI & SUGRUE, New Canaan, Connecticut, Counsel for Defendants and Third-Party Plaintiffs.

MEMORANDUM OF DECISION

ALLAN L. GROPPER, Bankruptcy Judge.

Before the Court is the motion (the "Motion") of defendants and third-party plaintiffs Eliot Spitzer and 220 Laundry LLC (collectively the "Buyers") for partial summary judgment declaring either that plaintiff B&M Linen Corp. (the "Debtor") and third-party defendants Miron Markus and Boris Markus (collectively the "Markuses") materially breached their obligations under...

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