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IN RE HARDWAY RESTAURANT, INC.

Bankruptcy No. 82 B11564, Adv. No. 82-6022A.

31 B.R. 322 (1983)

In re HARDWAY RESTAURANT, INC., d/b/a Once Upon a Stove, Debtor. HARDWAY RESTAURANT, INC., Debtor in Possession, Plaintiff, v. ONCE UPON A STOVE, INC., Defendant. N & K Realty Company, Additional Defendant on Counterclaim.

United States Bankruptcy Court, S.D. New York.

June 23, 1983.

Attorney(s) appearing for the Case

Glass & Howard, New York City, for debtor; Amos Alter, New York City, of counsel.

Chester B. Salomon, New York City, for Once Upon a Stove; Alex P. Ostrow, New York City, of counsel.

Santangelo, Santangelo & Cohen, New York City, for additional defendant; Laura Carraher, New York City, of counsel.

BURTON R. LIFLAND, Bankruptcy Judge.

DECISION AND ORDER ON ALL PARTIES' MOTIONS AND CROSS-MOTIONS FOR SUMMARY JUDGMENT

I. Background

Debtor Hardway Restaurant, Inc., d/b/a Once Upon a Stove ("Hardway"), instituted the above-captioned adversary proceeding in this Chapter 11 case1 pursuant to Bankruptcy Rule 11-61(a)(2)2 to determine the validity of the unrecorded lien held by the defendant...

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