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IN RE VARGAS REALTY ENTERPRISES, INC.

No. 09 Civ. 8136 (RJS).

440 B.R. 224 (2010)

In re VARGAS REALTY ENTERPRISES, INC. Vargas Realty Enterprises, Inc., Noble Realty Corp., V & R Realty Corp., E.R. Properties, Inc., Appellants, v. CFA W. 111 STREET, L.L.C., Appellee.

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

November 2, 2010.

Attorney(s) appearing for the Case

Carl E. Person , New York, NY, for Appellants.

David Lawrence Birch of Hofheimer, Gartlir & Gross, LLP, New York, NY, for Appellee.

OPINION AND ORDER

RICHARD J. SULLIVAN, District Judge.

Vargas Realty Enterprises, Inc., Noble Realty Corp., V & R Realty Corp., and E.R. Properties, Inc. (collectively, "Appellants") appeal the August 3, 2009 Order of the Honorable Stuart M. Bernstein, Bankruptcy Judge, (the "August 2009 Order"), granting the motion of CFA W. 111 Street, L.L.C. ("CFA" or "Appellee") to dismiss Appellants' Amended Adversary Complaint. Appellants assert that the Bankruptcy...

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