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B.N. REALTY ASSOCIATES v. LICHTENSTEIN

No. 99 CIV. 2158 RWS.

238 B.R. 249 (1999)

B.N. REALTY ASSOCIATES, Appellant, v. Benjamin LICHTENSTEIN, Appellee.

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

September 9, 1999.

Attorney(s) appearing for the Case

Jeffrey F. Cohen, Bronx, NY, for Appellant.

Marc T. Danon, New York City, for Appellee.

OPINION

SWEET, District Judge.

Appellant B.N. Realty Associates ("B.N.") has appealed from an order of the Bankruptcy Court denying B.N.'s motion to lift the automatic stay. For the reasons set forth below, the order is vacated and remanded for proceedings consistent with this opinion.

Prior Proceedings

B.N. is the landlord of the Debtor-appellee, Benjamin Lichtenstein ("Lichtenstein"). Lichtenstein occupies an apartment in...

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