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IN RE BERRY ESTATES, INC.

No. 83 B 20284.

49 B.R. 1002 (1985)

In re BERRY ESTATES, INC., Debtor.

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

June 4, 1985.

Attorney(s) appearing for the Case

Barr & Faerber, Spring Valley, N.Y., for Berry Estates, Inc.; Harvey S. Barr and Joseph J. Haspel, Spring Valley, N.Y., of counsel.

Robert Abrams, Atty. Gen., State of N.Y., New York City, for Comptroller of State of N.Y.; David C. Cook, Lawrence Alexander and Albert K. Lawler, New York City, of counsel.

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The State of New York, Division of Housing and Community Renewal (the "State") has moved for an order allowing its claim in the amount of $324,446.67, plus interest as a valid claim against the debtor's estate. The debtor has countered by objecting to the State's claim on the ground that there is no authority to support the claim because the State is not a creditor and that only tenants...

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