Legal Opinion
In Re Metromedia Fiber Network, Inc.
United States Bankruptcy Court, S.D. New York
Decided December 2, 2005No. 18-23625PublishedCited by 5 opinions
1Opinion of the Court
OPINION AFTER TRIAL ON MOTION TO ASSUME
ADLAI S. HARDIN, JR., Bankruptcy Judge.
Before me is a motion under Section 365 of the Bankruptcy Code by reorganized debtor Abovenet, Inc., formerly known as Metromedia Fiber Network, Inc. (“MFN”) to assume its contract dated May 26, 2000 entitled Dark Fiber Lease Agreement (the “Agreement”) with SBC Telecom, Inc. (“SBCT”) for the lease of dark optical fiber strands (“fiber”) owned by MFN to SBCT in various cities in the United States. The motion, originally filed in December 2003, has been strenuously contested by SBCT on various grounds requiring…
2Cases cited26 opinions
- Perrin v. United StatesSupreme Court of the United States · 1979
- Smith v. United StatesSupreme Court of the United States · 1993
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Rentways, Inc. v. O'Neill Milk & Cream Co.New York Court of Appeals · 1955
- Ricardo Garza v. Marine Transport Lines, Inc., and Third-Party v. Norfolk Shipbuilding & Drydock Corporation, Third-PartyCourt of Appeals for the Second Circuit · 1988
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3Cited by5 opinions
- In Re Jennifer Convertibles, Inc.United States Bankruptcy Court, S.D. New York · 2011
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- In re Hawkeye Entertainment, LLCDistrict Court, C.D. California · 2021
- Old Market Group Holdings Corp.United States Bankruptcy Court, S.D. New York · 2022
- Old Market Group Holdings Corp.United States Bankruptcy Court, S.D. New York · 2023