Legal Opinion

CRJ Investments v. Feeney (In re Dorand, Inc.)

District Court, D. Massachusetts

Decided March 19, 1982No. Bankruptcy No. 81-808HL; Adv. No. A81-1046Published

1Opinion of the Court

MEMORANDUM ON REQUEST FOR RECONSIDERATION

HAROLD LAVIEN, Bankruptcy Judge.

This matter was first heard on January 18, 1982, pursuant to Plaintiff/Landlord’s complaint and request for relief from stay. CRJ Investments (CRJ) became the Landlord of the Debtor when it purchased the building from Thomas A. Diab in April, 1981, and took an assignment of the Lease. In paragraph 7(a) of its complaint, CRJ alleged that it was owed additional rent from the Debtor under the tax escalation clause of the lease. The Trustee, as successor in interest to the Lease of the Debtor, denied that any additional rent…

2Cases cited16 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  3. West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
  4. Commonwealth v. GoveMassachusetts Supreme Judicial Court · 1974
  5. Freelander v. G. & K. REALTY CORP.Massachusetts Supreme Judicial Court · 1970

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