Food Distribution Center v. Food Fair Stores, Inc. (In Re Food Fair, Stores, Inc.)
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
MEMORANDUM & ORDER
JOHN J. GALGAY, Bankruptcy Judge.
The disposition of a lease (Lease) of a location known as the Philadelphia Warehouse (Warehouse) has generated protracted litigation among the parties to the Lease and interested third parties. Essentially, Food Distribution Center (FDC), the lessor, seeks to terminate the Lease which was dated February 23, 1960. Food Fair, Inc., (Food Fair), the lessee and Debtor, seeks to assume and assign the Lease to T Warehouse Corp. (TW) or at least protect its already entered sublease with TW.
FDC bases its termination right upon: (1) a bankruptcy…
2Cases cited9 opinions
- The Fair v. Kohler Die & Specialty Co.Supreme Court of the United States · 1913
- United States v. Crescent Amusement Co.Supreme Court of the United States · 1944
- Compania Espanola de Petroleos, S. A. v. Nereus Shipping, S. A.Court of Appeals for the Second Circuit · 1975
- In Re International Power Securities CorporationCourt of Appeals for the Third Circuit · 1948
- In the Matter of Law Research Service, Inc. v. John Herbert CrookCourt of Appeals for the Second Circuit · 1975
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3Cited by3 opinions
- In Re CurtisUnited States Bankruptcy Court, D. Utah · 1984
- In Re J.M. Fields, Inc.United States Bankruptcy Court, S.D. New York · 1983
- In Re Alwan Bros. Co., Inc.United States Bankruptcy Court, C.D. Illinois · 1990