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IN RE MacMENAMIN'S GRILL LTD.

Bankruptcy No. 08-23660 (RDD). Adversary No. 09-8266 (RDD).

450 B.R. 414 (2011)

In re MacMENAMIN'S GRILL LTD., Debtor. Robert L. Geltzer, as Chapter 11 Trustee for MacMenamin' S Grill Ltd., Plaintiff, v. James F. Mooney, Mark Hantho, Neil Clark and TD Bank, N.A., Defendants.

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

April 21, 2011.

Attorney(s) appearing for the Case

Squire, Sanders & Dempsey LLP, by Robert A. Wolf, Esq. and Peter A. Zisser, Esq. , New York, NY, for Robert L. Geltzer, as chapter 11 Trustee of MacMenamin's Grill Ltd.

Todtman, Nachamie, Spizz & Johns, P.C., by Alex Spizz, Esq. , New York, NY, for James F. Mooney, Mark Hantho and Neil Clark.

Ostrowitz & Ostrowitz, by Alan R. Ostrowitz, Esq. , Manalapan, NJ, and Jennifer Marcus, Esq. , for TD Bank, N.A.

MEMORANDUM OF DECISION ON DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT

ROBERT D. DRAIN, Bankruptcy Judge.

The chapter 11 trustee (the "Trustee") of the above debtor (the "Debtor") has filed a complaint seeking, under section 548(a)(1)(B) of the Bankruptcy Code, 11 U.S.C. § 101 et seq., as well as under section 544(b) of the Bankruptcy Code to the extent that it incorporates sections 273, 275 and 278 of the New York Debtor and Creditor Law...

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