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IN RE COLONY HILL ASSOCIATES

No. 1294, Docket 96-5117.

111 F.3d 269 (1997)

In re COLONY HILL ASSOCIATES, New York Limited Partnership, and Blydenburgh Properties, Inc., Debtors. KABRO ASSOCIATES OF WEST ISLIP, LLC, Plaintiff-Appellant, v. COLONY HILL ASSOCIATES, a New York Limited Partnership, and Blydenburgh Properties, Inc., Debtors-Appellees, The Greater New York Savings Bank and Republic National Bank, Creditor-Appellees, and The Holiday Organization, Inc., Appellee.

United States Court of Appeals, Second Circuit.

Decided April 9, 1997.

Attorney(s) appearing for the Case

Ronald J. Rosenberg, Garden City, NY (William J. Birney, Lesley A. Reardon, of counsel), for Plaintiff-Appellant.

Jeffrey N. Rich, New York City (Winick & Rich, P.C., Jeffrey H. Weinberger, of counsel), for Debtors-Appellees.

Weil, Gotshal & Manges, New York City (Stephen Karotkin, of counsel), for Creditor-Appellee Greater New York Savings Bank; Cadwalader, Wickersham & Taft, New York City (Barry J. Dichter, Susan F. Dicicco, of counsel), for Creditor-Appellee Republic National Bank of New York; Certilman, Balin, Adler & Hyman, LLP, East Meadow, NY (Michael D. Brofman, Jaspreet S. Mayall, of counsel), for Appellee The Holiday Organization, Inc.

Before NEWMAN, Chief Judge, FEINBERG and McLAUGHLIN, Circuit Judges.

FEINBERG, Circuit Judge:

In an order dated July 29, 1996, the United States Bankruptcy Court for the Eastern District of New York, Robert J. Hall, Bankruptcy Judge, confirmed a sale to The Holiday Organization, Inc. (Holiday) of certain property of debtor Colony Hill Associates (Colony). Appellant Kabro Associates of West Islip, LLC (Kabro), a New York corporation engaged in real estate development in the tri-state area, appealed from this order to the United States...

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