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IN RE DUKE & BENEDICT, INC.

Bankruptcy No. 97 B 20207(ASH). Adversary No. 9 B 2215(ASH).

265 B.R. 524 (2001)

In re DUKE & BENEDICT, INC., Debtor. David Kittay, as Trustee of Duke & Benedict, Inc., Plaintiff, v. Peter D. Leibowits Company, Inc., Centennial Golf Club of New York, LLC, and Benedict Dairy Farms, Defendants.

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

February 6, 2001.

Attorney(s) appearing for the Case

Kittay, Gold & Gershfeld, P.C., By David R. Kittay, Esq., White Plains, NY, for the Chapter 7 Trustee.

Kaye, Scholer, Fierman, Hays & Handler, LLP, By Allan M. Pepper and Michael J. Crames, New York City, for Defendants Peter D. Leibowits Company, Inc. and Centennial Golf Club of New York, LLC.

Douglas J. Pick & Associates, By Douglas J. Pick, New York City, for Defendant Benedict Dairy Farms.

DECISION GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

ADLAI S. HARDIN, Jr., Bankruptcy Judge.

In this adversary proceeding, the Chapter 11 Trustee seeks payment on the full value of certain real property conveyed by the debtor. The defendant-transferees have moved for summary judgment, contending that the Trustee, by this action, seeks to appropriate for the debtor the value of improvements which the defendants had made on the land at the time...

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