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Judge Sweet

PLAINTIFF COMMENCED an adversary proceeding against defendants to recover an account balance of over $8 million arising out of a master Purchase & Sale Agreement to provide factoring of a defendant’s accounts. Defendant’s motion to withdraw the adversary proceeding in bankruptcy court was granted and the parties subsequently moved for summary judgment. Plaintiff argued that the defendants are all alter egos of one another. The instant court denied both parties’ motions, finding that plaintiff failed to adduce specific evidence of domination with respect to a defendant’s payment obligations under the agreement. The court added that as to the breach of contract claim, there is a material dispute as to whether the terms of the agreement were followed, noting that defendant alleged that plaintiff never purchased accounts receivable from defendant, even though such transactions formed the basis for the agreement.

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