In re Davenport Beverage Corp.

MEMORANDUM OF DECISION ON MOTION OF THEODORE COHEN FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM

MELVIN S. HOFFMAN, Bankruptcy Judge.

This matter is before me on the motion of Theodore Cohen for allowance of an administrative expense claim for amounts allegedly due him by Davenport Beverage Corporation, the debtor in this liquidating chapter 11 case, under a commercial property lease. Davenport opposes allowance of any administrative expense claim in favor of Mr. Cohen.

The facts relevant to this dispute, drawn from the uncontested pleadings of the parties, including the affidavit of Paul D.…