Caldor Corp. v. S Plaza Associates, L.P. (In re Caldor, Inc.)

MEMORANDUM DÉCISION ON MOTION OF S PLAZA ASSOCIATES, L.P. TO COMPEL IMMEDIATE PAYMENT OF ADMINISTRATIVE EXPENSE

JAMES L. GARRITY, Jr., Bankruptcy Judge.

The Caldor Corporation (“Caldor”) and S Plaza Associates, L.P. (“S Plaza”) are party to an unexpired lease of non-residential real property (defined below as the “Lease”) in a shopping center located in Garden City, New York (the “Shopping Center”). The Lease requires Caldor, as tenant, to pay a portion of the Shopping Center’s real property taxes as additional rent (the “Additional Rent”). Caldor contends that S Plaza, and its predecessor, as…