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IN RE BLAVA IN-LINE, INC.

Bankruptcy No. 90 B 20304, No. 91 Adv. 6088.

133 B.R. 33 (1991)

In re BLAVA IN-LINE, INC., Debtor. BLAVA IN-LINE, INC., Plaintiff, v. MIDLANTIC NATIONAL BANK/NORTH, Defendant. MIDLANTIC NATIONAL BANK/NORTH, Third Party Plaintiff, v. Milan RYNIK, Third Party Defendant.

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

October 28, 1991.

Attorney(s) appearing for the Case

Ross & Hardies, New York City, for Midlantic National Bank/North.

Warshaw Burstein Cohen Schlesinger & Kuh, New York City, for debtor-plaintiff.

DECISION ON MOTION AND CROSS MOTION FOR SUMMARY JUDGMENT

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The defendant-third party plaintiff, Midlantic National/North ("Midlantic"), has moved for an order pursuant to Bankruptcy Rule 7056 and Rule 56 of the Federal Rules of Civil Procedure granting it summary judgment and dismissing the debtor's complaint to recover an allegedly improper post-petition setoff in the sum of $29,799.51. Alternatively, Midlantic seeks...

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