Plymouth Plaza Office Building Associates v. American Real Estate Associates, Inc. (In Re Plymouth Plaza Office Building Associates)

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether the debtor is entitled to possession of certain leased premises from the defendants for the defendants’ failure to pay rent. We conclude that some of the credits asserted by the defendants against their rental obligation were unauthorized and that, therefore, the debtor is entitled to possession of the premises' as a result of the defendants’ default in rental payments. We conclude further that the debtor is entitled to judgment against one of the defendants, the lessee for those defaulted rental payments.

The facts of…