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IN RE TOLEDANO

Bankruptcy No. 00-42470 (BRL), Adversary No. 03-8153 (BRL).

299 B.R. 284 (2003)

In re Andrea TOLEDANO, Debtor. Andrea Toledano and Brian DeMars, Plaintiffs, v. David Kittay, as Chapter 7 Trustee of the estate of Andrea Toledano, and South Park Associates, LLC, Defendant.

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

August 7, 2003.

Attorney(s) appearing for the Case

Kittay & Gershfeld, P.C., Tarrytown, NY, by David R. Kittay, Esq., Michelle G. Gershfeld, Esq., Attorneys for the Chapter 7 Trustee.

Geron & Associates, P.C., New York City, by Yann Geron, Esq., Fred Stevens, Esq., Attorneys for South Park Associates, LLC.

The Law Offices of Michael B. Wolk, P.C., New York City, by Michael B. Wolk, Attorney for the Debtor and DeMars.

MEMORANDUM DECISION GRANTING MOTION FOR SUMMARY JUDGMENT AND DENYING MOTION FOR ABANDONMENT

BURTON R. LIFLAND, Bankruptcy Judge.

South Park Associates, LLC ("South Park"), and David R. Kittay (the "Trustee"), as chapter 7 trustee of the estate of Andrea Toledano (the "Debtor"), move for summary judgment (the "Summary Judgment Motion"), pursuant to Rule 56 of the Federal Rules of Civil Procedure (the "Rules") and Rule 7056 of the Federal Rule of Bankruptcy...

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