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IN RE LEHR CONST. CORP.

Case No. 11-10723 (SHL) Adv. No. 13-01261 (SHL).

528 B.R. 598 (2015)

IN RE LEHR CONSTRUCTION CORP., Debtor. Jonathan L. Flaxer, not individually but solely in his capacity as Chapter 11 trustee for Lehr Construction Corp., Plaintiff, v. Peter Gifford, Paul McQuillan, Lisa Fahey, Kevin McNicholas, and Sandor Frankel P.C. f/k/a/ Frankel & Abrams, Defendants.

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

Signed April 3, 2015.

Attorney(s) appearing for the Case

Golenbock Eiseman Assor Bell & Peskoe LLP, 437 Madison Avenue, New York, NY 10022, By: Douglas L. Furth, Esq. , Dallas L. Albaugh, Esq. , Michael S. Weinstein, Esq. , Michael S. Devorkin, Esq. , Jonathan L. Flaxer, Esq. , Daniel N. Zinman, Esq. , Counsel for Jonathan L. Flaxer, Chapter 11 Trustee for Lehr Construction Corp.

Aronauer, Re & Yudell, LLP, 60 East 42nd Street, Suite 1420, New York, NY 10165, By: Joseph Aronauer, Esq. , Counsel for Peter Gifford.

MEMORANDUM OF DECISION

Before the Court is Defendant Peter Gifford's motion seeking to dismiss the Plaintiff Trustee's complaint against him, which consists of a single claim under New York's faithless servant doctrine (the "Complaint"). Suing in the shoes of the Debtor Lehr Construction...

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