Barney's, Inc. v. Isetan Co. (In Re Barney's, Inc.)

DECISION ON PLAINTIFF DEBTORS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

JAMES L. GARRITY, Jr., Bankruptcy Judge.

Barney’s, Inc. (“Barney’s”), Preen Realty, Inc. (“Preen”) and their debtor affiliates (together with Barney’s and Preen, the “movants”) seek partial summary judgment declaring that the agreements under which Barney’s and its affiliates Madneer Corp. (“Madneer”) and Barney’s America Inc. (“Barney’s America”) occupy and manage Barney’s stores in Chicago, Beverly Hills and New York City (the “Madison Avenue New York” store) are not “true leases” of nonresidential real property for purposes…