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Taub v. Hershowitz (In re Chana Taub)

Taub v. Hershowitz (In re Chana Taub)

Ruling
Bankruptcy court refused to reconsider decision to abstain from debtor-in-possession's action against tenants.
Procedural posture

Plaintiff, the chapter 11 debtor in possession, commenced an adversary proceeding against three tenants in her apartment building. The court abstained from deciding her claims on grounds that they arose under the New York Rent Stabilization Law of 1969, and should be decided by New York City Civil Court's Housing Part. The debtor moved for reconsideration of the abstention order and a consent order to the abstention.

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Consumer opinion summary, case decided on December 03, 2009 , LexisNexis #1209-107