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IN RE LIONEL LEISURE, INC.

No. 92 Civ. 8366 (JFK).

159 B.R. 410 (1993)

In re LIONEL LEISURE, INC., et al., Debtors. Murray KLEIN, Stanley Zabar and Saul Zabar, as Tenants in common, Plaintiffs, v. LIONEL LEISURE, INC., Civale & Trovato, Inc. and J. United Electrical Contracting Corp., Defendants.

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

September 14, 1993.

Attorney(s) appearing for the Case

Ross & Cohen, New York City (John S. Wojak, Jr., of counsel), for appellant/defendant Civale & Trovato, Inc.

Rubin Baum Levin Constant & Friedman, New York City (Paul Aloe and Craig Weiner, of counsel), for appellees/plaintiffs Murray Klein, Stanley Zabar and Saul Zabar.

Angel & Frankel, P.C., New York City (Kevin Toole and Jonathan Drucker, of counsel), for appellee/defendant Lionel Leisure, Inc.

OPINION AND ORDER

KEENAN, District Judge:

Defendant-Appellant Civale & Trovato, Inc. ("CTI") appeals from the October 22, 1992 order and judgment of the bankruptcy court granting Appellees' motion for summary judgment and vacating CTI's mechanic's lien against certain real property owned by Appellees Stanley and Saul Zabar ("Owners") and leased to Lionel. On appeal, CTI contends that the bankruptcy court (i) erred in holding that CTI's post-petition...

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