Legal Opinion

Geraghty v. Kiamie Fifth Avenue Corp.

Court of Appeals for the Second Circuit

Decided February 2, 1954No. 22818_1PublishedCited by 14 opinions

1Opinion of the Court

CLARK, Circuit Judge.

This appeal challenges the validity of a restraining order, issued by a referee in bankruptcy in reorganization proceedings of Huyler’s, whereby appellant as landlord was prevented from terminating its lease to Huyler’s for breach of condition.

On April 3, 1951, Huyler’s filed a petition in the district court praying for an arrangement pursuant to Chapter XI of the Bankruptcy Act, 11 U.S.C.A. § 701 et seq. On the same day a referee entered an order authorizing the debtor to adopt its leases, among which was the lease here in issue from appellant, Kia-mie Fifth Avenue…

2Cases cited2 opinions

  1. Raleigh Associates, Inc. v. HenryNew York Court of Appeals · 1951
  2. In Re WalkerCourt of Appeals for the Second Circuit · 1937

3Cited by14 opinions

  1. 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
  2. In Re Sapolin Paints, Inc.United States Bankruptcy Court, E.D. New York · 1980
  3. B. J. M. Realty Corporation v. Joseph F. Ruggieri, Trustee, Dilbert's Quality Supermarkets, Inc., DebtorCourt of Appeals for the Second Circuit · 1964
  4. Chertkof v. Southland Corp.Court of Appeals of Maryland · 1977
  5. In Re DH Overmyer Co., Inc.District Court, S.D. New York · 1974

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