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IN RE ROSALIND GARDENS ASSOCIATES

Bankruptcy No. 88 B 20438 (HS), No. 93 ADV. 5155A.

157 B.R. 75 (1993)

In re ROSALIND GARDENS ASSOCIATES, A New York Limited Partnership, Debtor. Jeffrey L. SAPIR, as Chapter 7 Trustee of the Estate of Rosalind Gardens Associates, Plaintiff, v. HUDSON REALTY COMPANY, Bernice Kahn, Herbert Ratet, Lehrman, Kronick & Lehrman, and Jeffrey S. Rodner, Defendants.

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

August 2, 1993.

Attorney(s) appearing for the Case

Baer Marks & Upham, New York City, for plaintiff Jeffrey L. Sapir.

Conway, Farrell, Curtin & Kelly, P.C., New York City, for defendant Jeffrey S. Rodner.

D'Amato & Lynch, New York City, for defendant Lehrman, Kronick & Lehrman.

Robert Foster Greenstone, White Plains, NY, for defendants Hudson Realty Co., Bernice Kahn and Herbert Ratet.

DECISION ON MOTION AND CROSS-MOTIONS FOR SUMMARY JUDGMENT

HOWARD SCHWARTZBERG, Bankruptcy Judge.

In the present adversary proceeding commenced by the Chapter 7 trustee for turnover and for violation of the automatic stay, the defendant Hudson Realty Company ("Hudson"), the mortgagee of the debtor's sole asset, has moved for summary judgment to dismiss the Amended Complaint pursuant to Federal Rule of Bankruptcy Procedure 7056, which incorporates Federal...

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