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IN RE BATAVIA NURSING HOME, LLC

Case Nos. 11-13223 K (Jointly Administered), 11-13225 K, AP No. 12-1145 K.

In re BATAVIA NURSING HOME, LLC Debtor. In re GERIATRIC REALTY CORP. Debtor. MELANIE L. CYGANOWSKI, Chapter 11 Trustee, Plaintiff, v. JEFFREY LAPIDES Defendant.

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

July 29, 2013.

Attorney(s) appearing for the Case

Lee E. Woodard, Esq. , Harris Beach PLLC, Syracuse, New York, Attorney for Plaintiff.

Gregory Photiadis, Esq. , Duke, Holzman, Photiadis & Gresens, LLP, Buffalo, NY, Attorney for Defendant.

William Savino, Esq. , Bernard Schenkler, Esq. , Damon Morey LLP, Buffalo, NY, Attorneys for Defendant.

OPINION, DECISION, AND ORDER DENYING MOTION TO DISMISS, IN PART

MICHAEL J. KAPLAN, Bankruptcy Judge.

By separate decision this Court has dismissed the Complaint as to the $1.179 million buyout of the Defendant's stock in the Debtor LLC, by virtue of the safe harbor contained in 11 U.S.C. § 546(e). Consequently, the Defendant's "innocent absentee" defense need not be considered as to that portion of the Complaint. However, the "innocent absentee" defense...

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