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COHOES INDUS. TERMINAL v. LATHAM SPARROWBUSH ASSOC.

No. 87 Civ. 1987 (GLG).

75 B.R. 147 (1987)

COHOES INDUSTRIAL TERMINAL, INC., Debtor, v. LATHAM SPARROWBUSH ASSOCIATES, Creditor.

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

June 22, 1987.

Attorney(s) appearing for the Case

Leon C. Baker, White Plains, N.Y., for debtor.

David M. Siegel, Zubres, D'Agostino & Hoblock, Albany, N.Y., for creditor.

MEMORANDUM DECISION

GOETTEL, District Judge.

The debtor moves for leave to appeal to the District Court from an interlocutory order of Bankruptcy Judge Howard Schwartzberg, entered March 3, 1987, dismissing a complete defense of res judicata interposed to the claim of a creditor, Latham Sparrowbush Associates ("LSA").

LSA was the landlord of an apartment complex known as Sparrowbush Apartments. The debtor was the lessee and, in turn, subleased...

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