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13-8085 - Pergament, Chapter 7 Trustee of the Estate of PHS v. Amton Inc. et al


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13-8085 - Pergament, Chapter 7 Trustee of the Estate of PHS v. Amton Inc. et al
February 8, 2018
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Decision Re: Motion to Strike Amended Complaint and/or Grant Summary Judgment, Dismissing Complaint; the Court finds that the Plaintiff has shown by apreponderance of the evidence that each of the Barbella Defendants are insiders of the Debtor and thus the Wagoner doctrine does not defeat Plaintiffs standing. The remainder of the Barbella Defendants arguments in favor of dismissal are preserved (RE: related document(s)89 Motion to Strike filed by Defendant Ernest Barbella, Defendant Marguerite Barbella, Defendant Amton Inc., Defendant Bektrom Foods, Inc., Defendant TCB Consulting, Inc., Defendant Thomas Barbella, Defendant Gourmet Select Foods, Corp., Motion for Summary Judgment). Signed on 2/8/2018. Further hearing to address the resolution of the remainder of the motion scheduled for 3/26/2018 at 09:30 AM at Courtroom 860 (Judge Grossman), CI, NY. (srm)