Legal Opinion

In Re Variety at Roosevelt, Inc.

United States Bankruptcy Court, E.D. New York

Decided December 6, 2004No. 1-19-40815Published

1Opinion of the Court

DECISION

CARLA E. CRAIG, Bankruptcy Judge.

This matter comes before the Court on the motion of MCO (“MCO”), the lessor to Variety at Roosevelt (the “Debtor”) under a non-residential lease of real property, for an order requiring the Debtor to pay all post-petition rent under the lease immediately as required by § 365(d)(3) of the Bankruptcy Code.

Jurisdiction

This Court has jurisdiction over this core proceeding under 28 U.S.C. §§ 1334(b), 157(b)(2)(A), (B), and (O) and the Eastern District of New York standing order of reference dated August 28, 1986.

Facts

The following relevant facts are not in…

2Cases cited9 opinions

  1. Raner v. GoldbergNew York Court of Appeals · 1927
  2. Rosenwasser v. Blyn Shoes, Inc.New York Court of Appeals · 1927
  3. Robitzek Investing Co. v. Colonial Beacon Oil Co.Appellate Division of the Supreme Court of the State of New York · 1943
  4. 56-70 58th Street Holding Corp. v. Fedders-Quigan Corp.New York Court of Appeals · 1959
  5. Silver v. Moe's Pizza, Inc.Appellate Division of the Supreme Court of the State of New York · 1986

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