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MATTER OF CROSS COUNTY SQUARE ASSOCIATES

Bankruptcy No. 91 B 20589, No. 91 Adv. 6205.

133 B.R. 569 (1991)

In the Matter of CROSS COUNTY SQUARE ASSOCIATES, Debtor. CROSS COUNTY SQUARE ASSOCIATES, Plaintiff, v. BROOK SHOPPING CENTERS, INC., Defendant.

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

November 14, 1991.

Attorney(s) appearing for the Case

Plunkett & Jaffe, P.C., White Plains, N.Y. (Joel H. Sachs, of counsel), for debtor.

Edward J. Schwarz, New York City, for defendant.

DECISION ON MOTION FOR A PRELIMINARY INJUNCTION

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The Chapter 11 debtor, Cross County Square Associates, has moved for a preliminary injunction in an adversary proceeding for a permanent injunction with respect to a fence installed by the respondent between the two adjacent shopping centers operated by the debtor and the respondent. The debtor argues that the fence in question is a "spite fence" which was erected along...

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