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15-1167 - King Center Corp., an unincorporated company/busin v. City of Middletown


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15-1167 - King Center Corp., an unincorporated company/busin v. City of Middletown
July 7, 2017
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Memorandum Decision on the City of Middletown's Motion to Dismiss the Complaint. (RE: related document(s)7 Motion to Dismiss Adversary Proceeding filed by Defendant City of Middletown). The Court concludes that Middletown has met its burden to show that King Centers claims to recover the Property or its value are time-barred by the terms of the Middletown City Charter. The Court also concludes that, in the alternative, Middletown has met its burden toshow that King Center does not allege a necessary element of its claims to recover the Property or its value under Bankruptcy Code Sections 544 and 550 and New Yorks Debtor and Creditor Law Sections 273 and 274, because it does not allege that it made the conveyance at issue. For these reasons, and based on the entire record, the Court concludes that Middletown has met its burden to show that King Center does not state a plausible claim for relief, and theMotion to Dismiss is granted. The Court also concludes that with respect to leave to replead, it is unclear whether the prospect of a plausible claim is suggested, but not established, in the Complaint. For these reasons, and based on the entire record, King Center may file a motion for leave to amend the Complaint, together with a proposed amended complaint, within sixty days of theentry of this Memorandum Decision. An order in accordance with this Memorandum Decision shall be entered simultaneously. Signed on 7/7/2017 (sej)