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IN RE CALDOR, INC. — NY

Bankruptcy No. 95 B 44080 JLG, Adversary No. 97/8832A.

217 B.R. 121 (1998)

In re CALDOR, INC. — NY, The Caldor Corporation, Caldor, Inc. — CT, et al., Debtors. The CALDOR CORPORATION, Plaintiff, v. S PLAZA ASSOCIATES, L.P., Defendant.

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

January 30, 1998.

Attorney(s) appearing for the Case

Reisman, Peirez, Reisman & Calica, L.L.P., Garden City, NY, for S Plaza Associates, L.P.

Camhy, Karlinsky & Stein, L.L.P., New York City, for Caldor Corporation.

DECISION ON MOTION OF S PLAZA ASSOCIATES, L.P. TO COMPEL ARBITRATION OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT AND CROSS-MOTION OF CALDOR CORPORATION FOR SUMMARY JUDGMENT

JAMES L. GARRITY, Jr., Bankruptcy Judge.

The Caldor Corporation ("Caldor") commenced this adversary proceeding to recover $702,285, plus prejudgment interest, representing its alleged overpayment to S Plaza Associates, L.P. ("S Plaza") and its predecessor-in-interest, Garden...

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