IN RE 1115 THIRD AVE. REST. CORP.

Bankruptcy No. 92 B 43482 (CB). No. 95 Civ. 0349 (MGC).

185 B.R. 12 (1995)

In re 1115 THIRD AVENUE REST. CORP., d/b/a David K's, Debtor. 1115 THIRD AVENUE REST CORP., Appellant, v. NEW YORK LIFE INSURANCE COMPANY, Appellee.

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

August 4, 1995.


Attorney(s) appearing for the Case

Daniel A. Zimmerman, New York City, for debtor/appellant.

Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P.C. by Lewis A. Lindenberg, New York City, for appellee.


AMENDED MEMORANDUM OPINION AND ORDER

CEDARBAUM, District Judge.

1115 Third Avenue Rest. Corp. (the "Debtor") appeals from the Bankruptcy Court's denial of its motion pursuant to Fed.R.Civ.P. 60(a) and (b) for correction, clarification and/or modification of an order confirming the plan of reorganization. For the reasons discussed below, the Bankruptcy Court's decision is affirmed.

Background

The Debtor and New York Life Insurance...

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