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CITY OF NEW YORK v. TAVERN ON THE GREEN, L.P.

Nos. 09 CIV 9224(MGC), 09 CIV 9254(MGC).

427 B.R. 233 (2010)

The CITY OF NEW YORK, Plaintiff, v. TAVERN ON THE GREEN, L.P., and Leroy Adventures, Inc., Defendants. Tavern on the Green, L.P., and Leroy Adventures, Inc., Plaintiffs, v. New York City Department of Parks & Recreation, Defendant.

United States District Court, S.D. New York.

March 10, 2010.

Attorney(s) appearing for the Case

Corporation Counsel of the City of New York by: Gerald E. Singleton, Esq., Katherine Winningham, Esq., Gabriela P. Cacuci, Esq., New York, NY, for the City of New York.

Locke Lord Bissell & Liddell LLP by: David H.T. Kane, Esq., Gregory T. Casamento, Esq., Thomas L. Casagrande, Esq., Emily J. Larrimer, Esq., New York, NY, for Debtors.

Akerman Senterfitt, LLP by: Keith N. Costa, Esq., New York, NY, for Debtors.

Duval & Stachenfeld LLP by: Norman N. Kinel, Esq., J. Andrew Stephenson, Esq., New York, NY, for Creditors' Committee.

OPINION

CEDARBAUM, District Judge.

This is a dispute over a name that has been used on a restaurant in New York's Central Park since 1934. The City of New York (the "City") and Tavern on the Green, L.P. and LeRoy Adventures, Inc. (collectively, the "Debtors") filed adversary proceedings in the Debtors' jointly administered bankruptcy case,1 and sought summary judgment on their claims. With the permission of the bankruptcy...

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