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IN RE LAVIGNE

Bankruptcy No. 92 B 45593 (BRL). Adv. No. 94/8905A.

183 B.R. 65 (1995)

In re Jeffrey E. LAVIGNE, d/b/a Laser Medical Associates of NY, Debtor. MEDICAL MALPRACTICE INSURANCE ASSOCIATION, Plaintiff, v. Hal M. HIRSCH, as Trustee of the estate of Dr. Jeffrey E. Lavigne, d/b/a Laser Medical Associates of NY, Defendant.

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

June 14, 1995.

Attorney(s) appearing for the Case

Werner & Kennedy by Richard J. Cairns, New York City, for plaintiff.

Gainsburg & Hirsch by Hal M. Hirsch and David L. Barrack, Purchase, NY, for the Trustee.

DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT RELATING TO ESTATE ACCESS TO MEDICAL MALPRACTICE INSURANCE COVERAGE

BURTON R. LIFLAND, Chief Judge.

Introduction

On cross motions for summary judgment, this court must weigh the competing claims of Medical Malpractice Insurance Association ("MMIA") and Hal M. Hirsch (the "Trustee"), Trustee of the estate of Dr. Jeffrey E. Lavigne ("Lavigne"). MMIA brought this adversary proceeding...

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