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IN RE FAYOLLE

Bankruptcy Nos. 00 B 41291 (RDD) to 00 B 41293(RDD), Adversary No. 02-03115.

300 B.R. 843 (2003)

In re John B. FAYOLLE and Riverbank Landscape, Ltd. and Aristocratic Coach Corp., Debtors. Authentic Hansom Cabs, Ltd., Plaintiff, v. Alan Nisselson, Trustee for the Chapter 11 Estate of John Fayolle and Riverbank Landscape, Ltd., Frank Sinatra, Trustee for the Chapter 11 Estate of Aristocratic Coach Corp., Anchor Paper Stock Co., Inc., and 504 West 38 LLC, Defendants.

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

September 2, 2003.

Attorney(s) appearing for the Case

Cohen, Tauber, Spievack & Wagner, LLP, by Ira R. Abel, New York City, for Authentic Hansom Cabs, Ltd.

Kramer, Levin, Naftalis & Frankel, LLP, by Jack Hazan, New York City, for 504 West 38 LLC.

Brauner, Baron, Rosenzweig & Klein, LLP, by Leslie S. Barr, New York City, for Alan Nisselson, Chapter 11 Trustee of John Fayolle and Riverbank Landscape, Ltd.

Holland & Knight, LLP, by Peter Alan Zissler, New York City, for Frank Sinatra, Chapter 11 Trustee of Aristocratic Coach Corp.

Margolis Bergson, LLP, by Robert J. Bergson, New York City, for Anchor Paper Stock Co.

MEMORANDUM DECISION AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT

ROBERT D. DRAIN, Bankruptcy Judge.

Each party in this adversary proceeding seeks a declaratory judgment with respect to the status of a sublease (the "Sublease") dated December 19, 2001 between Alan Nisselson (the "Fayolle Trustee"), in his capacity as chapter 11 trustee of John Fayolle ("Fayolle"), as sublessor, and Authentic Hansom Cabs, Ltd...

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