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IN RE MORRIS

Bankruptcy No. 99-B-43891SMB, Adversary No. 99-8537A.

252 B.R. 41 (2000)

In re Richard MORRIS, Debtor. Richard S. Taub, Plaintiff, v. Richard Morris, Defendant.

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

August 24, 2000.

Attorney(s) appearing for the Case

Carol Lilienfeld, New York City, for Plaintiff.

Heller & Rosenberg, P.C. (Craig S. Heller, of counsel), Garden City, NY, for Defendant.

MEMORANDUM DECISION AND ORDER DENYING PLAINTIFF'S MOTION TO VACATE JUDGMENT DISMISSING COMPLAINT

STUART M. BERNSTEIN, Chief Judge.

This case illustrates the risk of relying exclusively on collateral estoppel in a dischargeability proceeding. Prior to bankruptcy, the plaintiff's assignor recovered a default judgment against the defendant and debtor, Richard Morris ("Morris"). Following bankruptcy, the plaintiff, Richard S. Taub ("Taub"), commenced...

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