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IN RE ROMAN CREST FRUIT, INC.

Bankruptcy No. 83 B 11596 (HB), Adv. No. 83-6055A.

35 B.R. 939 (1983)

In re ROMAN CREST FRUIT, INC., Debtor. HUNTS POINT TOMATO CO., INC., Plaintiff, v. ROMAN CREST FRUIT, INC., The City of New York, Department of Ports and Terminals, Tropical Brands Packing Corporation, Arthur Slavin, as Escrowee, Anthony Levatino, and Janet Levatino, Defendants.

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

December 27, 1983.

Attorney(s) appearing for the Case

Angel & Frankel, New York City, for debtor; Eric S. Brown, New York City, of counsel.

Chester B. Salomon, P.C., New York City, for Tropical Brands Packing Corporation, intervenor.

Gerst & Pullin, Franklin Square, N.Y., for Hunts Point Tomato Co., Inc.; Alan L. Pullin, Franklin Square, N.Y., of counsel.

Siegel, Sommers & Schwartz, New York City, for the Creditors' Committee; James Beldner, New York City, of counsel.

The Corporation Counsel of the City of New York by Robin Weiner, New York City, Assistant Corporation Counsel, for City of New York.

HOWARD C. BUSCHMAN, III, Bankruptcy Judge.

In this action, Hunts Point Tomato Co., Inc. ("Hunts Point"), the plaintiff herein, seeks specific performance of an alleged agreement by Roman Crest Fruit, Inc. ("Roman Crest"), an importer of fruits and vegetables, to assign its interests in four leases covering its stores numbered 269, 270, 273, and 274 at the New York Terminal Market at Hunts Point, Bronx, New York, together with the offices appurtenant thereto and the...

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