B. J. M. Realty Corporation v. Joseph F. Ruggieri, Trustee, Dilbert's Quality Supermarkets, Inc., Debtor
Court of Appeals for the Second Circuit
1Opinion of the Court
J. JOSEPH SMITH, Circuit Judge.
This is an appeal from an order of the District Court for the Eastern District of New York entered by Judge Matthew T. Abruzzo, denying the appellant-landlord’s petition to require the debtor and its trustee in a Chapter X reorganization proceeding to vacate the leased premises. The District Court denied the motion on the ground that the landlord, by accepting certain payments from the debtor, had waived his right under the lease to terminate the tenancy. We hold the finding of waiver clearly erroneous on the evidence before the court and reverse and remand for…
Also in this document: Per curiam.
2Cases cited8 opinions
- Finn v. MeighanSupreme Court of the United States · 1945
- In Re WalkerCourt of Appeals for the Second Circuit · 1937
- Model Dairy Co., Inc. v. Foltis-Fischer, Inc.Court of Appeals for the Second Circuit · 1933
- In Re Wil-Low CafeteriasCourt of Appeals for the Second Circuit · 1938
- Geraghty v. Kiamie Fifth Avenue Corp.Court of Appeals for the Second Circuit · 1954
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3Cited by19 opinions
- In the Matter of Queens Boulevard Wine & Liquor Corp., D/B/A Gold Star Wine & Liquor, Debtor-Appellee v. Anita Blum, Petitioner-Landlord-AppellantsCourt of Appeals for the Second Circuit · 1974
- Coy L. Weaver and Helen F. Weaver v. Richard M. Hutson, Ii, Trustee of Landmark Inns of Durham, Inc.Court of Appeals for the Fourth Circuit · 1972
- In Re T.F.P. Resources, Inc.United States Bankruptcy Court, S.D. New York · 1985
- In The Matter Of Fontainebleau Hotel CorporationCourt of Appeals for the Fifth Circuit · 1975
- In Re THW Enterprises, Inc.United States Bankruptcy Court, S.D. New York · 1988
14 more not listed; retrieve them via the Exa API.