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IN RE OPERATION OPEN CITY, INC.

No. 93 Civ. 0816 (PKL).

170 B.R. 818 (1994)

In re OPERATION OPEN CITY, INC., Debtor. The OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF OPERATION OPEN CITY, Plaintiff, v. The NEW YORK STATE DEPARTMENT OF STATE, Defendant.

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

August 22, 1994.

Attorney(s) appearing for the Case

Winthrop Stimson Putnam & Roberts (Glenn E. Siegel, Edward Flanders, Matthew J. Borger, of counsel), New York City, for plaintiff-appellee.

Robert Abrams, Atty. Gen. of State of New York (Frederic L. Lieberman, David S. Cook, of counsel), New York City, for defendant-appellant.

OPINION AND ORDER

LEISURE, District Judge.

This is an appeal from an order issued on December 14, 1992, as amended December 30, 1992, by the United States Bankruptcy Court for the Southern District of New York. Pursuant to the order, a motion to dismiss based on sovereign immunity made by defendant New York State Department of State ("the State") was denied, and plaintiff Operation Open City, Inc.'s motion for summary judgment was granted. Defendant...

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