University Towers Owners' Corp. v. UTB Associates (In Re University Towers Owners' Corp.)

MEMORANDUM OF DECISION ON COMPLAINT FOR AVOIDANCE OF LEASE AND OTHER RELIEF

ALBERT S. DABROWSKI, Bankruptcy Judge.

I. INTRODUCTION

Through this adversary proceeding the Plaintiff seeks monetary and declaratory relief in connection with a long-term lease under which it is the lessor. The Plaintiff pursues declaratory relief in order to shed the prospective burden of the subject lease, and prays for money damages for the alleged unjust enrichment of the Defendant-lessee over the preceding term of the lease.

The Plaintiff attacks the future effectiveness of the subject lease on three separate legal…