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IN RE CARIS SUPERMARKET, INC.

Bankruptcy No. 882-82577-20, Adv. Nos. 882-0728-20, 882-0764-20.

28 B.R. 623 (1983)

In re CARIS SUPERMARKET, INC., Debtor. CARIS SUPERMARKET, INC. and Woodcal Corp., Plaintiffs, v. Geraldine FRATELLO, Defendant. Geraldine FRATELLO, Plaintiff, v. CARIS SUPERMARKET, INC. and Woodcal Corp., Defendants.

United States Bankruptcy Court, E.D. New York, at Westbury.

April 8, 1983.

Attorney(s) appearing for the Case

Farber, Raucher, Goldberg & Ehrlich, New York City, for Debtor, David Raucher.

Jessel Rothman, Mineola, N.Y., for Geraldine Fratello.

Finkel, Goldstein & Berzow by Harvey Goldstein, New York City, for Creditors' Committee.

ROBERT JOHN HALL, Bankruptcy Judge.

The Court has before it the motion of Caris Supermarket, Inc. (the debtor) for summary judgment avoiding the alleged security interest of Geraldine Fratello and the concommittant dismissal of Ms. Fratello's complaint to vacate the Section 362 stay.1 Because of their interrelationship, the motions were consolidated.

The facts are not in dispute. On or about December 1, 1980 Ms. Fratello sold all...

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