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IN RE RODOLITZ HOLDING CORP.

No. CV 97-4367(ADS).

232 B.R. 573 (1999)

In re RODOLITZ HOLDING CORP., Abraham J. Rodolitz and Anna Rodolitz, Debtors. Anna Rodolitz, as Executrix of the Estate of Abraham Rodolitz, Plaintiff-Appellant, v. Bel Canto Fancy Foods, Ltd., Defendant-Appellee.

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

March 23, 1999.

Attorney(s) appearing for the Case

Kenneth B. Schwartz, Garden City, New York, for the plaintiff-appellant Anna Rodolitz, Executrix of the Estate of Abraham Rodolitz.

Schillinger & Finsterwald, New York City, by Peter Schillinger, of counsel, for the appellee-defendant Bel Canto Fancy Foods, Ltd.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

On October 24, 1995, the now-deceased Debtor, Abraham J. Rodolitz (the "Debtor" or "Rodolitz") commenced an adversary proceeding in Bankruptcy Court against the defendant-appellee, Bel Canto Fancy Foods, Ltd. (the "appellee" or "Bel Canto"), seeking to recover more than $3 million in damages. The adversary proceeding arose from Bel Canto's alleged...

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