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IN RE KENNEDY INN ASSOCIATES

Bankruptcy No. 97 B 40148(TLB), Adversary No. 97-8646A.

221 B.R. 704 (1998)

In re KENNEDY INN ASSOCIATES, Reorganized Debtor. KENNEDY INN ASSOCIATES, Plaintiff, v. PERAB REALTY CORP., Defendant.

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

June 12, 1998.

Attorney(s) appearing for the Case

Robinson, Brog, Leinwand, Greene, Genovese & Gluck, P.C., New York City by Fred B. Ringel, A. Mitchell Greene, for the Reorganized Debtor.

Greenwald & Rimberg, L.L.P., New York City by Wayne M. Greenwald, for Perab Realty Corp.

Law Office of Aaron Gelbwaks, New York City, by Aaron Gelbwaks, for Perab Realty Corp.

Office of the United States Trustee, New York City by Goodwin E. Benjamin.

OPINION ON MOTIONS FOR SUMMARY JUDGMENT

TINA L. BROZMAN, Chief Judge.

At issue is whether the reorganized debtor, Kennedy Inn Associates, or instead Perab Realty Co. ("Perab") is entitled to possession of certain restaurant facilities located in a former transient hotel operated by the debtor. Although the debtor operated not only the hotel but the restaurant as well, Perab claims that the debtor did so in violation of Perab's interest. Both parties seek...

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