Ribeiro v. R.O.A.M., Inc. (In re R.O.A.M., Inc.)

OPINION AND DECISION

BERT M. GOLDWATER, Bankruptcy Judge.

This is an action by a landlord to vacate the automatic stay or, in the alternative, for assumption of a sublease covering the foyer of a restaurant and payment of rent. The defendant-debtor has counterclaimed for damages against the landlord-plaintiff arising out of the restaurant lease between the same parties.

Plaintiff (Ribeiro) and defendant (Joe’s) entered into a sublease for a restaurant on April 5, 1979.1 The lease contract provided for the construction of a restaurant building and parking on the leased premises.

For the first five…