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IN RE RODOLITZ HOLDING CORP.

Nos. 893-80785-167, 893-80786-167, Adv.Pro.No. 895-8665-167.

206 B.R. 657 (1997)

In re RODOLITZ HOLDING CORP., Abraham J. Rodolitz and Anna Rodolitz, Debtors. Abraham J. RODOLITZ, Plaintiff, v. BEL CANTO FANCY FOODS, LTD., Defendant.

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

March 11, 1997.

Attorney(s) appearing for the Case

Schillinger & Finsterwald, by Peter Schillinger, New York City, for Bel Canto Fancy Foods, Ltd.

The Law Offices of Eugene L. Weisbein, P.C., by Eugene L. Weisbein, James W. Cooke, Garden City, NY, for Abraham L. Rodolitz.

DECISION GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT

JOHN J. CONNELLY, Bankruptcy Judge.

Plaintiff-Debtor Abraham J. Rodolitz ("Plaintiff" or "Rodolitz") has commenced this adversary proceeding1 against defendant Bel Canto Fancy Foods, Ltd. ("Defendant" or "Bel Canto"), seeking to recover over $3 million in damages due to Bel Canto's alleged breach and default...

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