Legal Opinion
Caldor, Inc.-NY v. Newburgh Mall Ltd. Partnership (In Re Caldor, Inc.-NY)
United States Bankruptcy Court, S.D. New York
Decided February 4, 1997No. 19-22488PublishedCited by 2 opinions
1Opinion of the Court
DECISION AFTER TRIAL
JEFFRY H. GALLET, Bankruptcy Judge.
THE PROCEEDING
Caldor, Ine.-NY (“Caldor”), sues its landlord, Newburgh Mall Ltd. Partnership (“Newburgh”), to determine their respective obligations in connection with a store roof. It specifically prays for an order requiring Newburgh to repair the roof, declaring that it has no obligation to repair the roof and awarding it monetary damages of $33,515.00, costs and legal fees.
Newburgh counterclaims for an order declaring that if the roof requires replacement, the replacement is Caldor’s responsibility and that Caldor is required to…
2Cases cited15 opinions
- George Backer Management Corp. v. Acme Quilting Co.New York Court of Appeals · 1978
- Jefpaul Garage Corp. v. Presbyterian HospitalNew York Court of Appeals · 1984
- Alsens American Portland Cement Works v. Degnon Contracting Co.New York Court of Appeals · 1917
- Atkin's Waste Materials, Inc. v. MayNew York Court of Appeals · 1974
- Triple M Roofing Corp. v. Tremco, Inc.Court of Appeals for the Second Circuit · 1985
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3Cited by2 opinions
- GII Industries, Inc. v. New York State Department of Transportation (In re GII Industries, Inc.)United States Bankruptcy Court, E.D. New York · 2011
- Tobin v. GluckDistrict Court, E.D. New York · 2015