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IN RE A. TARRICONE, INC.

Bankruptcy No. 97 B 21488(ASH), Adversary No. 99-5322A.

286 B.R. 256 (2002)

In re A. TARRICONE, INC., Debtor. Hal M. Hirsch, as Chapter 11 Examiner of the Estate of A. Tarricone, Inc., Debtor, Plaintiff, v. Virginia Tarricone, Cimmaron Dist., Inc., Majac Enterprises, Inc., Vincent Giagni, Don Tarricone, and Tarricone Fuel Service, Inc., Defendants.

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

March 14, 2002.

Attorney(s) appearing for the Case

Gainsburg & Hirsch LLP, By Eric H. Lindenman, Esq., New York City, for Plaintiff.

Leahy, Nyberg, Curto & D'Apice, By Michael J. Curto, Esq., Yonkers, NY, for Defendant Vincent Giagni.

DECISION AFTER TRIAL

ADLAI S. HARDIN, Jr., Bankruptcy Judge.

This adversary proceeding was brought by Hal M. Hirsch as Chapter 11 Examiner (the "examiner") of debtor A. Tarricone, Inc. ("debtor" or "ATI") to recover preferences from certain alleged "insiders" of ATI. The only defendant remaining in the adversary proceeding is Vincent Giagni ("Giagni"), all other claims having been settled. After denial of a motion for summary judgment, the examiner...

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