Legal Opinion
West Seventy-Ninth Street Associates v. Lemi, Inc.
Civil Court of the City of New York
Decided May 24, 1989PublishedCited by 1 opinion
1Opinion of the Court
*217OPINION OF THE COURT
Jane S. Solomon, J.
Although gussied up by several side issues, this commercial nonpayment proceeding presents one singularly interesting issue concerning the interplay of landlord and tenant law and the Federal Bankruptcy Code (11 USC) which appears never to have been addressed by any case or commentary. The issue is whether payments made by a debtor-tenant during a chapter 11 case must be applied by its landlord to charges incurred during the pendency of the chapter 11 case or whether, upon dismissal of the chapter 11 case, the landlord may consider such payments as…
2Cases cited7 opinions
- Jefpaul Garage Corp. v. Presbyterian HospitalNew York Court of Appeals · 1984
- Hudson v. Yonkers Fruit Co.New York Court of Appeals · 1932
- Manley v. Pandick Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Gramford Realty Corp. v. ValentinCivil Court of the City of New York · 1972
- Malek v. CruzCivil Court of the City of New York · 1973
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Carpenter v. North Fork BankAppellate Division of the Supreme Court of the State of New York · 2000