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IN RE KOLLEL MATEH EFRAIM, LLC

Case No. 04-16410 (SMB), Adv. Proc. No. 08-1265.

In re: KOLLEL MATEH EFRAIM, LLC, a/k/a MATEH EPHRAIM LLC, a/k/a KOLEL MATEH EFRAIM, Chapter 7, Debtor. ROBERT L. GELTZER, as Chapter 7 Trustee of the Estate of Kollel Mateh Efraim, LLC, a/k/a Mateh Ephraim LLC, a/k/a Kolel Mateh Efraim, Plaintiff, v. JACK LEFKOWITZ and ABRAHAM STEINWURZEL, Defendants.

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

April 28, 2011.

Attorney(s) appearing for the Case

Eli Feit, Esq. , Stuart A. Blander, Esq. , HELLER, HOROWITZ & FEIT, P.C., Attorneys for Jack Lefkowitz and Abraham Steinwurzel, New York, Of Counsel.

Robert A. Wolf, Esq. , SQUIRE, SANDERS & DEMPSEY LLP, Attorneys for Robert L. Geltzer, Trustee New York, Of Counsel.

POST-TRIAL DECISION AND ORDER DISMISSING COMPLAINT

STUART M. BERNSTEIN, Bankruptcy Judge

Robert Geltzer, the chapter 7 trustee (the "Trustee"), commenced this adversary proceeding alleging that the Defendants breached their fiduciary duties to the Debtor and should pay damages in the principal amount of $245,779, plus interest. The damages reflect the increased debt that the Debtor and the estate accrued by continuing to occupy certain real property for...

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