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IN RE 310 ASSOCIATES

Docket No. 02-5070.

346 F.3d 31 (2003)

In re: 310 ASSOCIATES, Debtor. Gey Associates General Partnership, Creditor-Appellant, v. 310 Associates, Debtor-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 2, 2003.

Attorney(s) appearing for the Case

Leo Fox, Law Office of Leo Fox, New York, NY, for Appellant.

Michael J. Venditto, Anderson, Kill & Olick, P.C., New York, NY, for Debtor-Appellee.

Before: MESKILL, KATZMANN, and RAGGI, Circuit Judges.

PER CURIAM.

This case presents the issue whether Fed.R.Civ.P. 60(b)(1) authorizes a district court to relieve a party from the effects of a judgment based on the court's own mistake of fact. We hold that it does and affirm the court below.

BACKGROUND

The relevant facts are largely undisputed.

Appellee-Debtor 310 Associates ("310") is a limited partnership under New York law. 310's only asset is a...

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