Legal Opinion
In Re Fosko Markets, Inc.
United States Bankruptcy Court, S.D. New York
Decided June 11, 1987No. 15-35101PublishedCited by 16 opinions
1Opinion of the Court
DECISION AND ORDER ON LANDLORD’S MOTION TO DEEM THE LEASE REJECTED OR VACATE THE AUTOMATIC STAY
TINA L. BROZMAN, Bankruptcy Judge.
We are asked to decide whether a landlord who, learning of its tenant’s bank ruptcy, promptly moves to deem its lease rejected or vacate the automatic stay and then accepts one month’s use and occupation has waived or should be estopped from asserting that the lease has been rejected by operation of law. We hold that no waiver occurred and that no estoppel is warranted. 1
On October 31,1986, Fosko Markets, Inc. (“Fosko”) filed a petition for reorganization pursuant…
2Cases cited27 opinions
- Metropolitan Life Ins. Co. v. . Childs Co.New York Court of Appeals · 1921
- In the Matter of Barbara Garfinkle, Bankrupt. Arthur Dooley, Trustee, and Penthouse International, Ltd. v. Kenneth J. Weil, Trustee in BankruptcyCourt of Appeals for the Eleventh Circuit · 1982
- Hadden v. Consolidated Edison Co.New York Court of Appeals · 1978
- Finn v. MeighanSupreme Court of the United States · 1945
- In the Matter of Queens Boulevard Wine & Liquor Corp., D/B/A Gold Star Wine & Liquor, Debtor-Appellee v. Anita Blum, Petitioner-Landlord-AppellantsCourt of Appeals for the Second Circuit · 1974
22 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In Re PriestleyUnited States Bankruptcy Court, D. New Mexico · 1988
- In Re THW Enterprises, Inc.United States Bankruptcy Court, S.D. New York · 1988
- In Re DamianopoulosUnited States Bankruptcy Court, N.D. New York · 1988
- In Re Morningstar Enterprises, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1991
- In Re U.S. Fax, Inc.District Court, E.D. Pennsylvania · 1990
11 more not listed; retrieve them via the Exa API.