IN RE 401 EAST 89TH STREET OWNERS, INC.

Bankruptcy No. 96 B 40187(TLB).

223 B.R. 75 (1998)

In re 401 EAST 89TH STREET OWNERS, INC., Debtor.

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

July 20, 1998.


Attorney(s) appearing for the Case

Cooper & Cooper, LLP, New Rochelle, New York, By Joseph R. Harbeson, for Permanent Mission of Nigeria to the United Nations.

Pollack & Sharan, LLP, New York City, By Adam Paul Pollack, for SBE 89, LLC.


DECISION EXCUSING THE MISSION'S FAILURE TO EXERCISE ITS RIGHTS OF REDEMPTION

TINA L. BROZMAN, Chief Judge.

Through the vehicle of a proposed modification under Fed.R.Civ.P. 60(b) of the order confirming the debtor's reorganization plan, the Permanent Mission of Nigeria to the United Nations (the "Mission") moves to be excused from failing to redeem its shares in the debtor cooperative corporation, which failure, pursuant to the debtor's plan, has led to...

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