IN RE STEIN

No. 01-16112(SMB).

281 B.R. 845 (2002)

In re Carl STEIN a/k/a/ Carl F. Stein, Debtor.

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

August 16, 2002.


Attorney(s) appearing for the Case

Kittay & Gershfeld, P.C. (David R. Kittay, Esq., Michelle G. Gershfeld, Esq., Of Counsel), Tarrytown, NY, for trustee.

Rosenberg, Musso & Weiner, LLP (Robert J. Musso, Esq., Of Counsel), Brooklyn, NY, for Debtor.

Wander & Associates, P.C. (David H. Wander, Esq. Of Counsel), New York City, for 171 West 57th Street Operating, LLC.


MEMORANDUM DECISION GRANTING TRUSTEE'S MOTION TO SELL OCCUPANCY RIGHTS IN RESIDENTIAL APARTMENT

STUART M. BERNSTEIN, Chief Judge.

The debtor occupied an apartment pursuant to a residential lease, but declined to purchase it in response to a non-eviction condominium conversion plan. After the plan was declared effective and his lease terminated, the debtor asserted an entitlement to continued occupancy based on rights granted to non-purchasing...

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