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IN RE NYACK AUTOPARTSTORES HOLDING CO., INC.

Bankruptcy Nos. 86 B 20086, 86 B 20091, No. 88 ADV. 6004.

98 B.R. 659 (1989)

In re NYACK AUTOPARTSTORES HOLDING COMPANY, INC., Auto Parts Stores, Inc., Nyack Auto Parts, Inc., Prem Automotive Warehouse, Inc., Mahwah Auto Parts of New Jersey, Inc., and Haverstraw Auto Parts, Inc., Debtors. Paul SKULSKY, Plaintiff, v. NYACK AUTOPARTSTORES HOLDING COMPANY, INC., et al., Defendants.

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

April 13, 1989.

Attorney(s) appearing for the Case

Sanford P. Rosen, New York City, for debtors/defendants.

Barr and Faerber, Spring Valley, N.Y., for plaintiff.

DECISION ON MOTION FOR SUMMARY JUDGMENT DISMISSING COMPLAINT

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The confirmed Chapter 11 debtors have moved for an order pursuant to Rule 56 of the Federal Rules of Procedure and Rule 7056 of the Bankruptcy Rules for an order granting summary judgment dismissing a complaint in an adversary proceeding which seeks a revocation of the order of confirmation in accordance with 11 U.S.C. § 1144.

The plaintiff, Paul...

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