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IN RE CROTON RIVER CLUB, INC.

Bankruptcy No. 90 B 20215.

145 B.R. 185 (1992)

In re CROTON RIVER CLUB, INC., Debtor. CROTON RIVER CLUB, INC., individually and as a shareholder of the Half Moon Bay Homeowners Association, Inc. suing on behalf of itself and all other shareholders of the Half Moon Bay Homeowners Association, Inc. similarly situated and in the right of the Half Moon Bay Homeowners Association, Plaintiff, v. HALF MOON BAY HOMEOWNERS ASSOCIATION, INC., Steven Blust, David Cohen, Mable Fischella, Stanley Teller, Brian Trainor, Andre Schaffen, Ed Zafrewski and Federal Deposit Insurance Corporation, Defendants.

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

September 24, 1992.

Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler, New York City, for plaintiff.

Shea & Gould, New York City, for defendants.

Pryor, Cashman, Sherman & Flynn, New York City, for F.D.I.C.

DECISION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DISMISSAL AND PLAINTIFF'S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The Chapter 11 debtor, Croton River Club, Inc., has brought this adversary proceeding individually, and as a shareholder of the Half Moon Bay Homeowners Association ("HOA"), to obtain a declaratory judgment that the amount allocated in the 1992 HOA budget to be paid by the debtor by virtue of its...

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