Legal Opinion
Nemko, Inc. v. Motorola, Inc. (In Re Nemko, Inc.)
United States Bankruptcy Court, E.D. New York
Decided February 18, 1994No. 8-19-71013PublishedCited by 3 opinions
1Opinion of the Court
DECISION ON WHETHER TERMINATION OF ALLEGED EXECUTO-RY CONTRACT CONSTITUTED BREACH OF CONTRACT AND VIOLATED DEBTOR’S RIGHTS UNDER SECTION 365(e)(1) OF THE BANKRUPTCY CODE
CONRAD B. DUBERSTEIN, Chief Judge.
In this adversary proceeding, the Debtor (“Debtor” or “Nemko”) seeks damages in the amount of $500,000 for cancellation of a contract it contends it entered into with the Defendant Motorola Communications and Electronics, Inc. (“Motorola”), which cancellation was in violation of 11 U.S.C. § 365(e)(1) 1 , and for breach of that contract. After denial of the Defendants’ motion to dismiss the…
2Cases cited18 opinions
- Joseph Martin, Jr., Delicatessen, Inc. v. SchumacherNew York Court of Appeals · 1981
- Fasolino Foods Co., Inc. v. Banca Nazionale Del Lavoro, Banca Nazionale Del Lavoro, Third-Party v. Antonio R. Fasolino, Third-PartyCourt of Appeals for the Second Circuit · 1992
- Health-Chem Corp. v. BakerCourt of Appeals for the Second Circuit · 1990
- Fogelson v. Rackfay Construction Co.New York Court of Appeals · 1950
- Mitchill v. LathNew York Court of Appeals · 1928
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3Cited by3 opinions
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- In Re C.A.F. Bindery, Inc.United States Bankruptcy Court, S.D. New York · 1996
- In re Spoverlook, LLCUnited States Bankruptcy Court, D. New Mexico · 2016