UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF NEW YORK

----------------------------------------------------------X
IN RE: INNKEEPERS USA TRUST, ET AL,

Debtors.
-----------------------------------------------------------X


NOTICE OF
MOTION TO LIFT
STAY

Case No. 10-13800
(SCC)


PLEASE TAKE NOTICE, that upon the annexed affirmation of JOSEPH J. PERRINI,
III, duly affirmed August 25, 2010, and upon all the pleadings and proceedings heretofore had
herein, the undersigned will move this Court at the Southern District of New York, One Bowling
Green, New York, NY, on 30
th
day of September, 2010, at 10:00 AM, or as soon thereafter as
counsel can be heard for an Order pursuant to 11 U.S.C. Section 362(d) to lift the stay of a certain
proceeding against GRAND PRIX ISLANDIA, LLC, SUCCESSOR IN INTEREST OF
INNKEEPERS FINANCING PARTNERSHIP III, LP AND ISLAND HOSPITALITY
MANAGEMENT, INC., SUCCESSOR IN INTEREST TO INNKEEPERS HOSPITALITY
MANAGEMENT, INC., pending in the Supreme Court of the State of New York, County of
Suffolk, under index number 36317/08 to the extent of insurance coverage and for such other and
further relief as this court deems just and proper.
PLEASE TAKE FURTHER NOTICE, that answering affidavits, if any, are to be served
upon the unsigned within seven (7) days prior to the return date of the within application.
Dated: BELLMORE, NEW YORK
September 7, 2010 Yours, etc.
/s

JOSEPH J. PERRINI, III
LAW OFFICES OF JOSEPH J. PERRNI, III
Attorneys for Plaintiff, LINDA SUMMERS
2876 Merrick Rd.
Bellmore, NY 11710
(516) 221-7900

TO: Vito Genna, Grand Prix Islandia, LLC,
Clerk of the Court Successor in interest of
United States Bankruptcy Court Innkeepers Financing
for the Southern District of New York Partnership, III, LP,
One Bowling Green 1600 Veterans Memorial Hwy.
New York, NY 10004 Islandia, NY 11749
(212) 668-2870

Morenus, Conway, Goren & Brandman
Attorneys for Defendants,
Grand Prix Islandia, LLC, et al
85 South Service Road,Ste. 350
Melville, NY 11747
(631) 845-2600

James H. M. Sprayregan, P.C.
Paul M. Basta, Jennifer L. Marines
KIRKLAND & ELLIS LLP
601 Lexington Avenue
New York, NY 10022-4611
(212) 446-4800

Anup Sathy, P.C. (admitted pro hac vice)
Marc J. Carmel (admitted pro hac vice)
KIRKLAND & ELLIS LLP
300 North LaSalle
Chicago, Illinois 60654-3406
(312) 862-2000

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------------------------------X
IN RE: INNKEEPERS USA TRUST, ET AL,

Debtors.
-----------------------------------------------------------X


Chapter 11

AFFIRMATION

Case No. 10-13800 (SCC)


JOSEPH J. PERRINI, III, an attorney admitted to practice before the Courts of this State
affirms the truth of the following under the penalty of perjury:
1. I am member of LAW OFFICES OF JOSEPH J. PERRINI, III, attorneys for the plaintiff
in the underlying action entitled Linda Summers v. Grand Prix Islandia, LLC., et al, and as such I
am fully familiar with the facts and circumstances of this action based upon a review of the case file
and the investigation materials contained therein.
2. This affirmation is submitted in connection with Linda Summers application for an Order
to lift the stay imposed by the Court on the action entitled Summers v. Grand Prix Islandia, LLC, et
al, identified below to the extent of insurance coverage.
3. I make this affirmation in support of the within motion to lift the automatic stay concerning
proceedings against Summers v. Grand Prix Islandia, LLC, et al pending in the Supreme Court,
County of Suffolk, State of New York, bearing index #36317/08, to the extent of Grand Prix
Islandia, LLC, Successor in Interest of Innkeepers Financing Partnership III, LP and Island
Hospitality Management, Inc., Successor in interest to Innkeepers Hospitality Management, Inc.s
general liability insurance coverage.
4. A negligence action to recover damages for serious injuries sustained by Plaintiff(s) as a
result of an accident which occurred on October 9, 2005 was filed on September 25, 2008 in
Supreme Court, Suffolk County under index number 36317/08.
5. Plaintiff, a sixty two year old female, sustained multiple injuries as a result the
accident as follows:
Left elbow injury requiring an ulnar nerve transposition operation; Left elbow puncture wound
requiring two sutures; Scarring of the left elbow; Left elbow bursitis; Left elbow tenosynovitis;
Left elbow pain, tenderness, numbness, edema, effusion, sprain, strain and loss of range of
motion; Positive Tinels sign over the ulnar nerve at the cubicle tunnel; Myofascial pain
syndrome with trigger points in the periscapular and arm region with extension of myofascial
trigger points into the superior medial periscapular region and posterior lateral cervical spine;
Left shoulder sprain, strain and pain; Left knee contusion and pain; Situational anxiety and
moderate depression; Cervical, thoracic and lumbar strain, sprain and pain; Bilateral hip strain,
sprain and pain; and, head pain, contusion, concussion and headaches.
6. A petition of bankruptcy was filed on behalf of Debtors, INNKEEPERS USA TRUST,
et al, on or about July 19, 2010, automatically invoking a stay as to all proceedings against GRAND
PRIX ISLANDIA, LLC., SUCCESSOR IN INTEREST OF INNKEEPERS FINANCING
PARTNERSHIP III, LP and ISLAND HOSPITALITY MANAGEMENT, INC., SUCCESSOR IN
INTEREST TO INNKEEPERS HOSPITALITY MANAGEMENT, INC., pursuant to Chapter 11
of Title 11 of the United States Code (the Bankruptcy Court)
7. This Affirmation is submitted in support of lifting the aforementioned stay to the extent of
insurance coverage, as is provided in 11 U.S.C. Section 362 (d).
8. 11 U.S.C. Section 362 (d) provides in pertinent part:
On request of a party in interest and after notice and a
hearing, the Court shall grant relief from the stay provided
under subsection (a) of this section, such as by terminating,
annulling, modifying, or conditioning such stay-
(1) for cause, including the lack of adequate protection
of any interest in property of such party in interest.

9. A Plaintiff seeking modification of the Automatic Stay solely to establish the liability of an
insured Debtor and to permit the case to proceed establishes cause under this section. In Re Johns-
Manville Corp., 26 BR 420, 433 (1983 BC SDNY). Once cause has been established, the burden of
proof shifts to the Debtor to demonstrate its entitlement to the Stay. In Re UNR Industries Inc., 54
BR 266, 268 (1985).
10. The Court must modify or lift the Stay where it determines that:
(1) no great prejudice to either the debtor or the bankruptcy
estate would result from the continuance of the civil action;
and (2) the hardship to the plaintiff caused by the continuance
of the stay considerably outweighs the hardship caused to the
debtor by modification of the stay. Holtkamp v. Littlefield (In
re Holtkamp), 669 F.2d 505, 508 (7
th
Cir. 1982); In re
McGraw, 18 B.R. 140, 142 (Bankr. W.D.Wis. 1982)

In re Industries, Inc. at 268.
11. In making this determination the following factors are to be considered:
1. Whether the civil action is connected with or will interfere
with the bankruptcy proceeding,

2. Whether the debtor is insured and its carrier will provide a
defense and indemnification to prevent prejudice to the
bankrupts estate,

3. The interest of judicial economy, and

4. Whether the issues in the civil action require the expertise
of the Bankruptcy Court.

In re Holtkamp at 508, 509.

12. Here, the action pending in the Suffolk County Supreme Court is not related to and will
not interfere with the bankruptcy proceeding. Plaintiffs have agreed to proceed against the Debtors
solely to the extent of Debtors insurance policy limits. Debtors insurance carriers have provided
the defense in this litigation at no cost to the Debtor and are obligated to indemnify the Debtors. The
attorneys handling the underlying personal injury claim for Debtors are Morenus, Conway, Goren &
Brandman, Esqs. and they have advised Plaintiff through discovery that their clients are insured
with a one million ($1,000,000.00) dollar liability policy.
13. The Plaintiff, who sustained a wide array of physical injuries as a result of the negligence
of the debtors/defendants, should be expeditiously afforded her rightful day in Court before a jury.
The issues to be determined are properly the subject matter of a State Supreme Court.
14. Where the Debtors are insured and the carrier is providing a defense and prosecution of
Plaintiffs action would not interfere with the administration of the Debtors estate, leave to modify
the stay should be granted. Foust v. Muson S.S. Lines, 299 US 77, 84 (1936).
15. For the above stated reasons, Plaintiffs motion to modify the Stay should be granted.
16. No prior request for the relief requested herein has heretofore been made.
WHEREFORE, Plaintiff respectfully requests the within motion be granted in all
respects and that this Court grant such other and further relief as it deems just and proper.

Dated: Bellmore, New York ____ _ __ /s___________________
September 7, 2010 JOSEPH J. PERRINI, III

STATE OF NEW YORK )
ss.:
COUNTY OF NASSAU )

Jean Shaw, being duly sworn deposes and says:

I am over 18 years of age, I am not a party to the action, and I reside in Nassau
County in the State of New York.

I served a true copy of the annexed Notice of Motion to Lift Stay on September ,
2010, by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or
official depository of the U.S. Postal Service within the State of New York, addressed to the last
known address of the addresses as indicated below:

TO: Vito Genna,
Clerk of the Court
United States Bankruptcy Court
for the Southern District of New York
One Bowling Green
New York, NY 10004
(212) 668-2870

Grand Prix Islandia, LLC,
Successor in interest of
Innkeepers Financing
Partnership, III, LP,
1600 Veterans Memorial Hwy.
Islandia, NY 11749

Morenus, Conway, Goren & Brandman
Attorneys for Defendants,
Grand Prix Islandia, LLC, et al
85 South Service Road,Ste. 350
Melville, NY 11747
(631) 845-2600

James H. M. Sprayregan, P.C.
Paul M. Basta, Jennifer L. Marines
KIRKLAND & ELLIS LLP
601 Lexington Avenue
New York, NY 10022-4611
(212) 446-4800

Anup Sathy, P.C. (admitted pro hac vice)
Marc J. Carmel (admitted pro hac vice)
KIRKLAND & ELLIS LLP
300 North LaSalle
Chicago, Illinois 60654-3406
(312) 862-2000
/s___________________________
Jean Shaw
Sworn to before me this
7th day of September, 2010

_/s_____________________________________
Joseph J. Perrini, Notary Public, State of NY
No. 02PE5069636, Qualified in Nassau County
Commission Expires November 10, 2010


UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------------X
IN RE: INNKEEPERS USA TRUST, ET AL, CHAPTER 11
CASE NO. 10-13800(SCC)
Debtors
------------------------------------------------------------ -----X










_________________________________________________________________________

NOTICE OF MOTION TO LIFT STAY
_________________________________________________________________________






Law Offices of Joseph J. Perrini, III
Attorney(s) for Plaintiff, Linda Summers
2876 Merrick Road
Bellmore, New York 11710
(516) 221-7900
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------------------X
IN RE: INNKEEPERS USA TRUST, ET AL,

Debtors.
----------------------------------------------------------------------X






Case No. 10-13800 (SCC)

ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY
A motion having been made by LINDA SUMMERS. for an order pursuant to 11 U.S.C.
Section 362(d) to lift the stay to of a certain proceeding against GRAND PRIX ISLANDIA, LLC,
SUCCESSOR IN INTEREST OF INKEEPERS FINANCING PARTNERSHIP III, LP AND
ISLAND HOSPITALITY MANAGEMENT, INC., SUCCESSOR IN INTEREST TO
INNKEEPERS HOSPITALITY MANAGEMENT, INC., pending in the New York State Supreme
Court, Suffolk County under index number 36317/08 to the extent of insurance coverage;
NOW, upon filing the affirmation of JOSEPH J. PERRINI, III, ESQ. dated August 25,
2010, in support of the motion, and sufficient cause appearing therefor, and the Court having held a
hearing on the Motion to Lift Stay on September 30, 2010, and due deliberation having been held, it
is hereby
ORDERED, that the Motion to Lift the Stay of a certain proceeding against GRAND PRIX
ISLANDIA, LLC, SUCCESSOR IN INTEREST OF INNKEEPERS FINANCING PARTNERSHIP
III, LP AND ISLAND HOSPITALITY MANAGEMENT, INC., SUCCESSOR IN INTEREST TO
INNKEEPERS HOSPITALITY MANAGEMENT, INC. , pending in the New York State Supreme
Court, Suffolk County, under index number 36317/08, is granted to the extent of the one million
($1,000,000.00) dollar Zurich Insurance Company insurance coverage liability limits afforded to
defendants, GRAND PRIX ISLANDIA, LLC, SUCCESSOR IN INTEREST OF INNKEEPERS

- -

2
FINANCING PARTNERSHIP III, LP AND ISLAND HOSPITALITY MANAGEMENT, INC.,
SUCCESSOR IN INTEREST TO INNKEEPERS HOSPITALITY MANAGEMENT, INC; and/or
any other insurance coverage applicable to the subject accident, and, it is further hereby;
ORDERED, that the Proof of Claim filed by LINDA SUMMERS, with the Clerk of the
Bankruptcy Court, One Bowling Green, New York, New York 10004, be hereby withdrawn.
Dated: New York, NY
September 30, 2010

Shelley C. Chapman,
United States Bankruptcy Judge

- -

3
STATE OF NEW YORK )
ss.:
COUNTY OF NASSAU )

Jean Shaw, being duly sworn deposes and says:
I am over 18 years of age, I am not a party to the action, and I reside in Nassau County in
the State of New York. I served a true copy of the annexed Proposed Order on September 7, 2010, by
mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official depository
of the U.S. Postal Service within the State of New York, addressed to the last known address of the
addresses as indicated below:

TO: Vito Genna, Grand Prix Islandia, LLC,
Clerk of the Court Successor in interest of
United States Bankruptcy Court Innkeepers Financing
for the Southern District of New York Partnership, III, LP,
One Bowling Green 1600 Veterans Memorial Hwy.
New York, NY 10004 Islandia, NY 11749
(212) 668-2870

Morenus, Conway, Goren & Brandman
Attorneys for Defendants,
Grand Prix Islandia, LLC, et al
85 South Service Road,Ste. 350
Melville, NY 11747
(631) 845-2600

James H. M. Sprayregan, P.C.
Paul M. Basta, Jennifer L. Marines
KIRKLAND & ELLIS LLP
601 Lexington Avenue
New York, NY 10022-4611
(212) 446-4800

Anup Sathy, P.C. (admitted pro hac vice)
Marc J. Carmel (admitted pro hac vice)
KIRKLAND & ELLIS LLP
300 North LaSalle
Chicago, Illinois 60654-3406
(312) 862-2000
_______/s____________________
Jean Shaw
Sworn to before me this
7th Day of September, 2010
__/s______________________
Joseph J. Perrini, Notary Public, State of NY
No. 02PE5069636, Qualified in Nassau County
Commission Expires November 10, 2010

- -

4

UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------------X
IN RE: INNKEEPERS USA TRUST, ET AL, CHAPTER 11
CASE NO. 10-13800(SCC)
Debtors
------------------------------------------------------------ -----X








_________________________________________________________________________

ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY
_________________________________________________________________________






Law Offices of Joseph J. Perrini, III
Attorney(s) for Plaintiff, Linda Summers
2876 Merrick Road
Bellmore, New York 11710
(516) 221-7900
LAW OFFICES OF
JOSEPH J. PERRINI, III
2876 MERRICK ROAD
BELLMORE, NEW YORK 11710
TELEPHONE: 516-221-7900 FAX: 516-221-1746
Vito Genna,
Clerk ofthe Court
United States Bankruptcy Court
for the Southern District of New York
One Bowling Green
New York, NY 1 0004
Dear Mr. Genna:
September 7, 2010
Re: In Re: Innkeepers USA Trust, et al
Enclosed please find a hard copy of the Proof of Claim, Notice of Motion to Lift Stay
returnable before Judge Shelley C. Chapman and proposed Order. In addition, we are enclosing a
marked disk with these documents in "pdf' format.
As per your instructions, we are enclosing the filing fee in the sum of$150.00. Our office
will appear on September 30, 2010, the return date. Kindly file same on our behalf.
JS
Encs.
Thank you for your courtesy in this matter.

P;$r, rn
'
Ui'-l.ITED
BANKRUPTCY COURT
Pi t1J0-184434 -- SH
Sep$ember 1m. 2818

-10 LIFT STAY