Legal Opinion

In re Metropolitan Chain Stores, Inc.

District Court, S.D. New York

Decided October 22, 1932Published

1Opinion of the Court

CAFFEY, District Judge.

Certain items of two claims by landlords ■ — one called the Turner claim and the other the Malavazos claim — have been expunged, without evidence having been taken. Consequently, for the purpose of reviewing the rulings, the statements by the claimants in respect to the items with which we are now concerned, made on the face of the claims as filed, must be treated as admitted.

The Turner lease was entered into in 1928. It was to run for 25 years. The term was to *288begin January 1, 1931. There was a proviso in paragraph 9 for acceleration of its commencement by notice upon…

2Cases cited12 opinions

  1. Crawford v. BurkeSupreme Court of the United States · 1904
  2. In re Roth & AppelCourt of Appeals for the Second Circuit · 1910
  3. In re Mullings Clothing Co.Court of Appeals for the Second Circuit · 1916
  4. Cleaveland v. RichardsonSupreme Court of the United States · 1889
  5. Wells v. Twenty-First Street Realty Co.Court of Appeals for the Sixth Circuit · 1926

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