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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.

NOT FOR PUBLICATION

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

MICHAEL J. KAPLAN, Bankruptcy Judge.

With benefit of the Defendant's July 13, 2013 submission, it appears clear that the $1.179 million buyout falls squarely within the teaching of a decision rendered by the United States District Court for the Southern District of New York; a case which this Court finds thoroughly persuasive. In AP Services...

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