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IN RE STERLING OPTICAL CORP.

Bankruptcy No. 91-B-15944. Adversary No. 95-8043A (MG).

371 B.R. 680 (2007)

In re STERLING OPTICAL CORP., Debtor. Sterling Vision, Inc., Plaintiff, v. Sterling Optical Corp. and Fleet Business Credit Corporation, Defendants.

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

July 11, 2007.

Attorney(s) appearing for the Case

Cole, Schotz, Meisel, Forman & Leonard, PA., by Laurence May, Frederick E. Schmidt, New York, NY, for Plaintiff Sterling Vision, Inc.

Corey E. Friedman, Esq., by Cory E. Friedman, New York, NY, for Defendant Fleet Business Credit Corporation, n/k/a BAL Global Finance, LLC.

MEMORANDUM DECISION AND ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

MARTIN GLENN, Bankruptcy Judge.

This matter is before the Court on a motion for partial summary judgment filed by the plaintiff Sterling Vision, Inc. ("Sterling Vision"). The defendant Sanwa Business Credit Corporation ("Sanwa")1 filed a cross-motion for summary judgment....

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