Legal Opinion
Leslie Fay Companies v. Corporate Property Associates 3 (In Re Leslie Fay Companies)
United States Bankruptcy Court, S.D. New York
Decided April 22, 1994No. 19-22390PublishedCited by 19 opinions
1Opinion of the Court
OPINION ON MOTION TO DISMISS
TINA L. BROZMAN, Bankruptcy Judge.
At issue is whether the Bankruptcy Code’s cap on the damages which a landlord may receive when its lease is terminated applies to limit the damages from the debtor’s breach, not of the lease, but of an exercised purchase option contained in the lease. The Leslie Fay Companies, Inc. (“Leslie Fay”), a chapter 11 debtor in possession, sued Corporate Property Associates 3 (“CPA 3”), seeking, in the first claim for relief, the turnover of a prepetition payment made by Leslie Fay to CPA 3 pursuant to a state court order. CPA 3 asked me…
2Cases cited49 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Butner v. United StatesSupreme Court of the United States · 1979
- Pension Benefit Guaranty Corporation v. White Consolidated Industries, Inc., C/o Ct Corporation Systems Registered AgentCourt of Appeals for the Third Circuit · 1993
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- National Organization for Women, Inc. v. ScheidlerSupreme Court of the United States · 1994
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3Cited by19 opinions
- Kuske v. McSheridan (In Re McSheridan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- In Re TaylorUnited States Bankruptcy Court, D. South Carolina · 1996
- Barr v. Charterhouse Group International, Inc. (In Re Everfresh Beverages, Inc.)United States Bankruptcy Court, S.D. New York · 1999
- In Re Bayou Group, LLCUnited States Bankruptcy Court, S.D. New York · 2007
- In Re Riodizio, Inc.United States Bankruptcy Court, S.D. New York · 1997
14 more not listed; retrieve them via the Exa API.