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IN RE PROOF OF PUDDING, INC.

Bankruptcy No. 79 B 10332, Adv. No. 80-5451-A.

10 B.R. 459 (1981)

In re PROOF OF the PUDDING, INC., d/b/a Proof of the Pudding, Debtor. BOARD OF MANAGERS OF ST. TROPEZ CONDOMINIUM, Plaintiff, v. PROOF OF the PUDDING, INC., Defendant.

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

April 15, 1981.

Attorney(s) appearing for the Case

Chester B. Salomon, New York City, for plaintiff.

Sherman & Citron, P.C., New York City, for debtor.

DECISION ON MOTION FOR SUMMARY JUDGMENT

EDWARD J. RYAN, Bankruptcy Judge.

The motion by plaintiff, Board of Managers of St. Tropez Condominium ("Condominium"), for summary judgment on its second cause of action against Proof of the Pudding, Inc., the defendant and debtor in possession, pursuant to Bankruptcy Rule 756 and Rule 56 of the Federal Rules of Civil Procedure (FRCP), is denied.

On December 20, 1979, Proof of the Pudding, Inc. filed a petition...

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