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IN RE JOE SIPALA & SON NURSERY CORP.

Bankruptcy No. 895-80486-478, Adversary No. 897-8039-478.

214 B.R. 281 (1997)

In re JOE SIPALA & SON NURSERY CORP., Debtor. Andrew M. THALER, Trustee of Estate of Joe Sipala & Son Nursery Corp., Plaintiff, v. LEE SERVICING CORP., Defendant.

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

October 30, 1997.

Attorney(s) appearing for the Case

Thaler & Gertler, Michael A. Farina, Westbury, NY, for Plaintiff.

Flower & Medalie, Jeffrey Herzberg, Bay Shore, NY, for Defendant.

DECISION GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANT, DISMISSING THE COMPLAINT AND DENYING PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT

DOROTHY EISENBERG, Bankruptcy Judge.

Andrew Thaler, the Chapter 7 Trustee (hereinafter the "Trustee" or the "Plaintiff") of the Estate of Joe Sipala & Son Nursery Corp. (the "Debtor"), brought an adversary proceeding against Lee Servicing Corp. (the "Defendant...

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