Legal Opinion

In Re Ames Department Stores, Inc.

United States Bankruptcy Court, S.D. New York

Decided February 5, 1992No. 18-23493PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JAMES A. GOODMAN, Bankruptcy Judge.

Hayday, Inc. (“Hayday” or “Landlord”) seeks damages from Zayre Florida Corp., an affiliate of Ames Department Stores, Inc. (the “Debtor”) for its alleged breach of a lease (the “Lease”) between Hayday, as landlord, and Debtor, as tenant. On January 10, 1991, Judge Buschman approved a stipulation authorizing the assumption and assignment of the Lease to K-Mart Corporation (“K-Mart”). The order reserved the issue of Hayday’s entitlement to percentage rent, the issue now before this Court. Because of Debtor’s breaches, Hayday maintains it…

2Cases cited3 opinions

  1. Harry N. And Rose C. Forman v. The United StatesCourt of Appeals for the Federal Circuit · 1985
  2. In Re Ames Department Stores, Inc.United States Bankruptcy Court, S.D. New York · 1990
  3. Hoffman v. 905 International Stores, Inc. (In Re 905 International Stores, Inc.)District Court, E.D. Missouri · 1985

3Cited by3 opinions

  1. Hunnicutt Co. v. TJX Companies, Inc. (In Re Ames Department Stores, Inc.)District Court, S.D. New York · 1995
  2. In Re RH MacY & Co., Inc.United States Bankruptcy Court, S.D. New York · 1994
  3. In Re Friedman's, Inc.United States Bankruptcy Court, S.D. Georgia · 2005

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