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IN RE VANDERVEER ESTATES HOLDING, LLC

Bankruptcy No. 01-20348-608, Adversary No. 04-1202-608.

328 B.R. 18 (2005)

In re: VANDERVEER ESTATES HOLDING, LLC, Debtor. American Safety Indemnity Company, Plaintiff, v. Vanderveer Estates Holding, LLC; Vanderveer Realty Group, Inc.; Asha Greenidge, as mother of infant Jahniya McLennan and Asha Greendidge, Individually; Adina Babb; Jaqueline Pineda; Marie Solon; and Chanel Poitier, as Administratrix of the Estate of Gerard Poitier; Foster Apartment Group, LP and Abraham Weider Defendants.

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

July 20, 2005.

Attorney(s) appearing for the Case

Jonathan Polonsky, Martin Bunin, Peter Marchetti, Thelen Reid & Priest, New York, NY, for the Official Committee of Unsecured Creditors.

Mark L. Antin, William E. Marsala, Gennet Kallmann Antin & Robinson PC, New York, NY, for the Plaintiff.

DECISION

CARLA E. CRAIG, Bankruptcy Judge.

This matter comes before this Court on the motion of the Official Committee of Unsecured Creditors (the "Committee") of Vanderveer Estates Holding, LLC (the "Debtor" or "Vanderveer"), seeking summary judgment in this adversary proceeding. Plaintiff American Safety Indemnity Company ("ASIC") has filed a cross-motion for summary judgment.

On April 13, 2004, the Committee removed this action, then pending...

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