Legal Opinion

Manhattan King David Restaurant Inc. v. Levine

District Court, S.D. New York

Decided May 24, 1993No. 92 Civ. 8715 (LAP)PublishedCited by 4 opinions

1Opinion of the Court

OPINION AND ORDER

PRESKA, District Judge.

This is an appeal from an order of the bankruptcy court directing the debtor, Manhattan King David Restaurant (“MKDR”) to pay $35,483.87 in post-petition rent prior to assumption of an unexpired lease pursuant to section 365(d)(4) of the Bankruptcy Code. 1 For the reasons stated below the decision of the bankruptcy court is affirmed.

Background

MKDR purchased all the stock of its co-debtor, Le Sannom Building Corp. (“Le Sannom”) from 47th Street Photo, Inc. (“47th Street”) in December 1989. 2 Record on Appeal from an Order of the Bankruptcy Court…

2Cases cited19 opinions

  1. Allen v. McCurrySupreme Court of the United States · 1980
  2. Schwartz v. Public AdministratorNew York Court of Appeals · 1969
  3. Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
  4. Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
  5. Reilly v. ReidNew York Court of Appeals · 1978

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3Cited by4 opinions

  1. In Re DabrowskiUnited States Bankruptcy Court, S.D. New York · 2001
  2. Community Mutual Savings Bank v. Landrin (In Re Landrin)United States Bankruptcy Court, S.D. New York · 1994
  3. Ackerman v. Schultz (In Re Schultz)United States Bankruptcy Court, E.D. New York · 2000
  4. Manhattan King David Restaurant Inc. v. LevineDistrict Court, S.D. New York · 1993

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