B. J. M. REALTY CORPORATION v. RUGGIERI

No. 163, Docket 28428.

326 F.2d 281 (1963)

B. J. M. REALTY CORPORATION, Petitioner-Appellant, v. Joseph F. RUGGIERI, Trustee, Dilbert's Quality Supermarkets, Inc., Debtor, Appellees.

United States Court of Appeals Second Circuit.

Decided December 11, 1963.

On Rehearing January 14, 1964.


Attorney(s) appearing for the Case

Benjamin Masor, New York City, for petitioner-appellant.

Daniel A. Shirk and Joseph Jaspan, Brooklyn, for appellees.

Before WATERMAN, MOORE and SMITH, Circuit Judges.


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...

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