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BUSINESS FUNDING GROUP v. DOMMER CONSTRUCTION CORP.

No. 11-CV-565S.

BUSINESS FUNDING GROUP, Appellant, v. DOMMER CONSTRUCTION CORP., Appellee.

United States District Court, W.D. New York.

March 26, 2012.

Attorney(s) appearing for the Case

Business Funding Group, Appellant, represented by Ingrid S. Palermo , Harter, Secrest & Emery LLP & Joseph Zagraniczny , Bond, Schoeneck & King, PLLC.

Dommer Construction Corporation, Appellee, represented by Daniel F. Brown , Andreozzi Bluestein Fickess Muhlbauer Weber Brown LLP & Eric A. Bloom , Damon Morey LLP.

Joseph W. Allen, II, Trustee, represented by Joseph W. Allen , Office of the u.S. Trustee.

DECISION AND ORDER

WILLIAM M. SKRETNY, Chief Judge.

I. INTRODUCTION

Appellant and creditor, Business Financial Group ("BFG"), seeks reversal of the Order of the Hon. Michael J. Kaplan, United States Bankruptcy Judge, Western District of New York, which found that appellee and debtor, Dommer Construction Corp. ("Dommer"), could offset certain debt it owed BFG.1 In rendering his judgment, Judge Kaplan expressly disagreed...

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