House of Drugs, Inc. v. RD Elmwood Associates (In Re House of Drugs, Inc.)

OPINION

WILLIAM H. GINDIN, Bankruptcy Judge.

PROCEDURAL HISTORY

The within matter is an adversary proceeding brought by debtor, House of Drugs, Inc. (hereinafter “debtor” or “House of Drugs”) against RD Elmwood Associates, L.P. (hereinafter “RD Elm-wood”). The issue before the court is whether or not RD Elmwood committed fraud or violated New Jersey’s implied covenant of good faith and fair dealing, by fading to disclose to House of Drugs the status of two tenancies contained within its property.

This court conducted a hearing on this matter on February 10 and 11, 2000, and reserved decision.…