Legal Opinion
Winston Inn & Restaurant Corp. v. DeMichiel (In Re Winston Inn & Restaurant Corp.)
United States Bankruptcy Court, E.D. New York
Decided September 8, 1989No. 1-19-40744PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
JEROME FELLER, Bankruptcy Judge.
We dispose here of an unusual claim which culminates an unusually drawn out and unsuccessful Chapter 11 case. This adversary proceeding is essentially a contract action commenced by Debtor against proposed purchasers of the Debtor’s restaurant business, for damages incurred as a result of the Defendants’ failure to use their best efforts to satisfy a condition precedent to the sale, the acquisition of a liquor license. Based upon our thorough review of the pleadings, memoranda, trial transcripts and exhibits, and post-trial…
2Cases cited13 opinions
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- R.G. Group, Inc., and R.G. Restaurant Associates v. The Horn & Hardart Company, and Bojangles' of America, Inc.Court of Appeals for the Second Circuit · 1984
- Mary Ellen Winston v. Mediafare Entertainment Corporation, Gallavants, Inc., and Ralph SmithCourt of Appeals for the Second Circuit · 1986
- James Holmes v. New York City Housing AuthorityCourt of Appeals for the Second Circuit · 1968
- In the Matter of Met-L-Wood Corporation, Debtor. Appeal of Constantine John Gekas, Trustee. Constantine John Gekas, Trustee v. Frederick L. PipinCourt of Appeals for the Seventh Circuit · 1988
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re Telesphere Communications, Inc.United States Bankruptcy Court, N.D. Illinois · 1994
- In Re Oyster Bay Cove, Ltd.United States Bankruptcy Court, E.D. New York · 1993
- Winston Inn & Restaurant Corp. v. DeMichiel (In Re Winston Inn & Restaurant Corp.)District Court, E.D. New York · 1990
- Matter of CrowellUnited States Bankruptcy Court, E.D. Michigan · 1997