Legal Opinion

Theatre Holding Corp., Debtor-Appellant v. Marcella Pincus Mauro, John E. Mauro and Paul Mauro, Landlords-Appellees

Court of Appeals for the Second Circuit

Decided June 1, 1982No. 1149, Docket 82-5007PublishedCited by 61 opinions

1Per curiam

Debtor Theatre Holding Corporation appeals from an order of Stewart, J. (S.D.N. Y.), which affirmed an order of Bankruptcy Judge Schwartzberg giving Theatre Holding 30 days to assume or reject its ground lease on 18 acres of land in Rockland County, New York. 11 U.S.C. § 365(d)(2) (Supp. IV 1980). We affirm for reasons which differ from those of the district court.

The land holds the Nanuet Dinner Thea-tre, a one-story plus mezzanine and dome building made of masonry and steel which once sat more than 3,000 as a regular thea-tre and now sits 1,106 at 196 tables as a dinner theatre. The theatre…

2Cases cited5 opinions

  1. Philadelphia Co. v. DippleSupreme Court of the United States · 1941
  2. In Re Chicago Rapid Transit Co.Court of Appeals for the Seventh Circuit · 1942
  3. Gulfco Investment Corporation v. HoganCourt of Appeals for the Tenth Circuit · 1975
  4. In Re United Cigar Stores Co. of AmericaCourt of Appeals for the Second Circuit · 1937
  5. In Re Flying W Airways, Inc.District Court, E.D. Pennsylvania · 1971

3Cited by61 opinions

  1. In Re Orion Pictures Corporation, Debtor, Orion Pictures Corporation v. Showtime Networks, Inc., Formerly Known as Showtime/the Movie Channel, Inc.Court of Appeals for the Second Circuit · 1993
  2. Sumitomo Trust & Banking Co. v. Holly's, Inc. (In Re Holly's, Inc.)United States Bankruptcy Court, W.D. Michigan · 1992
  3. In Re By-Rite Distributing, Inc.United States Bankruptcy Court, D. Utah · 1985
  4. In Re RCM Global Long Term Capital Appreciation Fund, Ltd.United States Bankruptcy Court, S.D. New York · 1996
  5. In Re Wedtech CorporationUnited States Bankruptcy Court, S.D. New York · 1987

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