Legal Opinion
Capital Commercial Properties, Inc. v. Ames Department Stores, Inc. (In re Ames Department Stores, Inc.)
District Court, S.D. New York
Decided June 18, 2003No. Bankruptcy Nos. 01-42217(REG) to 01-4222(REG); 03 Civ. 2308(GEL)PublishedCited by 3 opinions
1Opinion of the Court
OPINION AND ORDER
LYNCH, District Judge.
The judgment is affirmed on the thorough and scholarly opinion of the Bankruptcy Court, 288 B.R. 339, 339-51 (Bankr.S.D.N.Y.2003). Appellant does not dispute that under Virginia law, the question is how a reasonable landlord would have understood the tenant’s intent. As the Bankruptcy Court rightly held, on the record of this ease no reasonable factfinder could conclude that any reasonable landlord would have taken the letter extending the term of the lease as anything other than the unequivocal expression of the actual tenant’s intent to renew the…
2Cases cited1 opinion
- Capital Commercial Properties, Inc. v. Ames Realty II, Inc. (In Re Ames Department Stores, Inc.)United States Bankruptcy Court, S.D. New York · 2003
3Cited by3 opinions
- NWL Holdings, Inc. v. Eden Center, Inc. (In Re Ames Department Stores, Inc.)United States Bankruptcy Court, S.D. New York · 2004
- Spencer v. Bogdanovich (In Re Bogdanovich)United States Bankruptcy Court, S.D. New York · 2003
- In Re Ames Dept. Stores, Inc.District Court, S.D. New York · 2003