Legal Opinion
In Re Evelyn Byrnes, Inc.
United States Bankruptcy Court, S.D. New York
Decided August 30, 1983No. 18-13875PublishedCited by 23 opinions
1Opinion of the Court
HOWARD C. BUSCHMAN III, Bankruptcy Judge.
The debtor, Evelyn Byrnes, Inc. seeks the permission of this Court, pursuant to § 365 of the Bankruptcy Code, 11 U.S.C. § 365 (1978) (the “Code”), to assume and assign its unexpired lease of a store.
I
In April 1980, Evelyn Byrnes, Inc. entered into a lease agreement with Park 58 Corporation (“Park 58”) whereby it leased the corner store in the building known as 470 Park Avenue in New York City, located on the corner of Park Avenue and 58th Street. The lease had a ten year term. In addition to setting forth the annual rent and containing the usual…
2Cases cited17 opinions
- Mutual Life Insurance v. Hurni Packing Co.Supreme Court of the United States · 1923
- Insurance Co. v. DutcherSupreme Court of the United States · 1877
- Rentways, Inc. v. O'Neill Milk & Cream Co.New York Court of Appeals · 1955
- Hotchkiss v. National City Bank of New YorkDistrict Court, S.D. New York · 1911
- 67 Wall Street Co. v. Franklin National BankNew York Court of Appeals · 1975
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- In Re Westview 74th Street Drug Corp.United States Bankruptcy Court, S.D. New York · 1986
- In Re Bygaph, Inc.United States Bankruptcy Court, S.D. New York · 1986
- In Re Rachels Industries, Inc.United States Bankruptcy Court, W.D. Tennessee · 1990
- In Re Mr. Grocer, Inc.United States Bankruptcy Court, D. New Hampshire · 1987
- Rockland Center Associates v. TSW Stores of Nanuet, Inc. (In Re TSW Stores of Nanuet, Inc.)United States Bankruptcy Court, S.D. New York · 1983
18 more not listed; retrieve them via the Exa API.