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IN RE ST. VINCENT'S CATHOLIC MED. CENTERS

Bankruptcy No. 10-11963. Adversary No. 10-03281.

440 B.R. 587 (2010)

In re SAINT VINCENT'S CATHOLIC MEDICAL CENTERS OF NEW YORK, et al., Debtors. Michael E. Katzenstein, in his capacity As the MedMal Trust Monitor, Plaintiff, v. VIII SV5556 Lender, LLC, Defendant.

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

November 12, 2010.

Attorney(s) appearing for the Case

Richard Kanowitz, Jeffrey Cohen, Seth Van Aalten, Cooley LLP, for Michal Katzenstein in his capacity as the MedMal Trust Monitor of the MedMal Trusts (the "MedMal Monitor" or the "Monitor").

David Botter, Sarah Schultz, Joseph Sorkin, Akin Gump Straus Hauer & Feld, for the Committee of Unsecured Creditors (the "Committee").

Richard Levin, Michael Paskin, Cravath, Swaine & Moore, for VIII SV5556 Lender, LLC (the "Creditor" or the "Secured Creditor").

MEMORANDUM DECISION GRANTING IN PART DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS AND GRANTING IN PART PLAINTIFFS' CROSS-MOTION FOR JUDGMENT ON THE PLEADINGS

CECELIA MORRIS, Bankruptcy Judge.

The Creditor filed a proof of claim for about $46 million, representing the amount owing at the time the case was commenced, plus an "acceleration indemnification" described in a mortgage (the "Acceleration Indemnification"), attorney fees and costs, and...

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