Legal Opinion
Carlton Restaurant, Inc. v. TM Carlton House Partners, Ltd. (In Re TM Carlton House Partners, Ltd.)
United States Bankruptcy Court, E.D. Pennsylvania
Decided March 24, 1989No. 19-11269PublishedCited by 7 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
The two closely-related matters before us concern the right of a Debtor-landlord to not only reject a lease, but also to terminate the right of its Tenant to retain its leasehold, on the basis of a lease clause providing that the lease shall terminate upon the expiration of the interest of the Lessor’s predecessor in the premises. We hold that, by receiving rent and expressing no intention to terminate the lease in the four-year period between its purchase of the premises and the initiation of these matters, the Debtor has accepted the lease, and…
2Cases cited26 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- In Re W. & L. Associates, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Curry v. Bacharach Quality Shops, Inc.Supreme Court of Pennsylvania · 1921
- Fox v. Hill (In Re Fox)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Sferra v. UrlingSupreme Court of Pennsylvania · 1937
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3Cited by7 opinions
- In Re Flagstaff Realty AssociatesCourt of Appeals for the Third Circuit · 1995
- Matter of Village Rathskeller, Inc.United States Bankruptcy Court, S.D. New York · 1992
- In Re Carlton Restaurant, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1993
- Lee Road Partners, Ltd. v. F.W. Woolworth Co. (In Re Lee Road Partners, Ltd.)District Court, E.D. New York · 1994
- Idea Boardwalk, LLC v. Revel Entm't Grp., LLC (In Re Revel Ac Inc.)Court of Appeals for the Third Circuit · 2018
2 more not listed; retrieve them via the Exa API.