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FIRST FIDELITY BANK v. ELEVEN HUNDRED METROPLEX

No. 95 Civ. 4664 (SS).

190 B.R. 510 (1995)

FIRST FIDELITY BANK, N.A., a national banking association, Plaintiff/Appellant, v. ELEVEN HUNDRED METROPLEX ASSOCIATES, Debtor/Appellee.

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

November 28, 1995.

Attorney(s) appearing for the Case

McCarter & English, Joseph Lubertazzi, Jr., Newark, NJ, for Plaintiff.

Robinson Brog Leinwand Reich Genovese & Gluck, P.C., Michael S. Schreiber, New York City, for Debtor.

OPINION AND ORDER

SOTOMAYOR, District Judge.

Plaintiff/appellant, the First Fidelity Bank ("FFB" or "Bank"), appeals from an order of the United States Bankruptcy Court entered on the record on May 11, 1995 (the "Order") granting the motion of debtor Eleven Hundred Metroplex Associates (the "Debtor") to use certain rental income as cash collateral. For the reasons discussed below, FFB's appeal is GRANTED and the Order of the Bankruptcy...

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