Legal Opinion
In Re Fifth Avenue Originals
United States Bankruptcy Court, S.D. New York
Decided September 1, 1983No. 18-13789PublishedCited by 9 opinions
1Opinion of the Court
HOWARD C. BUSCHMAN, III, Bankruptcy Judge.
The debtor, Fifth Avenue Originals, Inc., seeks permission of this Court to assume and assign a lease pursuant to 11 U.S.C. § 365 of the Bankruptcy Code (the “Code”).
I
The debtor leases a store in the northeast corner of The Sherry Netherland Hotel located at 783 Fifth Avenue, in Manhattan pursuant to a lease entered into on July 8, 1977 (the “Lease”). The Lease expires on June 30, 1987, subject to a five-year renewal option. Annual rent is $56,000 a year, to be increased by increments of $1,000 per annum.
Two clauses of the Lease are claimed by the…
2Cases cited18 opinions
- Gillette Bros. v. Aristocrat Restaurant, Inc.New York Court of Appeals · 1924
- In Re Sapolin Paints, Inc.United States Bankruptcy Court, E.D. New York · 1980
- Matter of UL Radio Corp.United States Bankruptcy Court, S.D. New York · 1982
- Bovin v. GalitzkaNew York Court of Appeals · 1929
- In Re Lafayette Radio Electronics Corp.United States Bankruptcy Court, E.D. New York · 1981
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re Joshua Slocum Ltd D/B/A Js Acquisition Corporation. Appeal of George Denney, Party in InterestCourt of Appeals for the Third Circuit · 1991
- In Re T.F.P. Resources, Inc.United States Bankruptcy Court, S.D. New York · 1985
- 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
- Matter of Lew Mark Cleaners Corp.United States Bankruptcy Court, E.D. New York · 1988
- In Re Musikahn Corp.United States Bankruptcy Court, E.D. New York · 1986
4 more not listed; retrieve them via the Exa API.