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IN RE STURMAN

Bankruptcy Nos. 89-B-11932 (PCB) to 89-B-11934 (PCB), Adversary Nos. 95-1010A to 95-1012A.

222 B.R. 694 (1998)

In re Wayne A. STURMAN, Bruce D. Sturman, Howard P. Sturman, Debtors. Marc Stuart GOLDBERG, Trustee in Bankruptcy of the Estates of Wayne A. Sturman, Bruce D. Sturman and Howard P. Sturman, Plaintiff, v. SOUTH EAST PARTNERS CORP., Joseph Warren and Howard P. Sturman, as Co-Executors of the Last Will and Testament of Muriel Sturman, Deceased and Donna Sturman, Defendants.

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

June 24, 1998.

Attorney(s) appearing for the Case

Harrington, Ocko & Monk, L.L.P. by Leonard I. Spielberg, Marc Stuart Goldberg, White Plains, NY, for Marc Stuart Goldberg, Chapter 7 Trustee.

Fisher, Fisher & Berger by Laurence Kaiser, New York City, for Donna Sturman.

Mayer Brown & Platt by Ramiero D'Aversa, Jr., New York City, for Joseph Warren, as Co-executor for the Estate of Muriel Sturman.

Donovan Leisure Newton & Irvine by A. Peter Lubitz, New York City, for South East Partners Corp.

Moses & Singer by Mark N. Parry, Carol Gerber, New York City, for Chase Bank (Formerly Chemical Bank).

Baer Marks & Upham by Bruce Zabarauskas, New York City, for Charles M. Yassky.

Stempel Bennett Claman & Hochberg, P.C. by Richard C. Stempel, New York City, for M.A.S. Limited Liability Co.

Office of United States Trustee by Diana Adams, New York City.

MEMORANDUM DECISION GRANTING PARTIAL SUMMARY JUDGMENT

PRUDENCE CARTER BEATTY, Bankruptcy Judge.*

This case only proves that neither death nor bankruptcy can sever the binds of family. The issues in this proceeding stem from a partnership created in 1978 by a mother, after the death of her husband, and her four children to continue the ownership and operation of a real estate assemblage located on a desirable corner of...

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