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IN RE HRH CONSTRUCTION LLC

Case No. 09-23665 (RDD), Jointly Administered, Adv. Pro. No. 10-8242 (SHL).

In re HRH CONSTRUCTION LLC, et al., Chapter 11 Debtors. NYU HOSPITALS CENTER, Plaintiff, v. HRH CONSTRUCTION LLC, Defendant. CURTIS PARTITION CORPORATION, Plaintiff, v. HRH CONSTRUCTION LLC, NYU HOSPITALS CENTER, et al., Defendants.

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

August 2, 2011.

Attorney(s) appearing for the Case

HOLLAND & KNIGHT LLP, Attorneys for NYU Hospitals Center, New York, New York, Frederick R. Rohn, Esq. , Henry A. H. Rosenzweig, Esq.

HERRICK, FEINSTEIN LLP, Attorneys for HRH Construction LLC, New York, New York, William R. Fried, Esq. , Kerry K. Jardine, Esq.

KIRSCH GARTENBERG HOWARD LLP, Attorneys for Curtis Partition Corporation, New York, New York, Jesse C. Klaproth, Esq.

MEMORANDUM DECISION AND ORDER

SEAN H. LANE, Bankruptcy Judge

This action arises out of a construction contract dispute among debtor HRH Construction LLC ("HRH"), facilities owner NYU Hospitals Center ("NYU"), and sub-contractor Curtis Partition Corporation ("Curtis").1 NYU claims that HRH breached their contract by failing to proceed with phase 2 of a multi-phased construction project. HRH counters that...

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