Theatre Holding Corp., Debtor-Appellant v. Marcella Pincus Mauro, John E. Mauro and Paul Mauro, Landlords-Appellees
Court of Appeals for the Second Circuit
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
- Philadelphia Co. v. DippleSupreme Court of the United States · 1941
- In Re Chicago Rapid Transit Co.Court of Appeals for the Seventh Circuit · 1942
- Gulfco Investment Corporation v. HoganCourt of Appeals for the Tenth Circuit · 1975
- In Re United Cigar Stores Co. of AmericaCourt of Appeals for the Second Circuit · 1937
- In Re Flying W Airways, Inc.District Court, E.D. Pennsylvania · 1971
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- Sumitomo Trust & Banking Co. v. Holly's, Inc. (In Re Holly's, Inc.)United States Bankruptcy Court, W.D. Michigan · 1992
- In Re By-Rite Distributing, Inc.United States Bankruptcy Court, D. Utah · 1985
- In Re RCM Global Long Term Capital Appreciation Fund, Ltd.United States Bankruptcy Court, S.D. New York · 1996
- In Re Wedtech CorporationUnited States Bankruptcy Court, S.D. New York · 1987
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