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IN RE STABLE MEWS ASSOCIATES

Bankruptcy No. 82 B 12454 (HB).

35 B.R. 603 (1983)

In re STABLE MEWS ASSOCIATES, Debtor.

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

December 6, 1983.

Attorney(s) appearing for the Case

Albert Togut, New York City, Chapter 11 Trustee.

Fischbein, Olivieri, Rozenholc & Badillo, New York City, for three lessees Mr. Moller, Miss Simon and Mr. Gubina; Robert Chira, New York City, of counsel.

Heller, Peck & Levy, New York City, for Mrs. Henry J. Taylor; Edward H. Heller, New York City, of counsel.

William Sutherland, New York City, for Mrs. Henry Cobb.

Edmond C. Granger III, New York City, for Thomas S. Burns.

HOWARD C. BUSCHMAN, III, Bankruptcy Judge.

This case presents the issue of whether tenants of a bankrupt landlord, upon the rejection of their unexpired leases by a trustee or debtor-in-possession, should be subject to reasonable use and occupancy charges.

The debtor, Stable Mews Associates ("Stable Mews") filed for protection under Chapter 11 of the Bankruptcy Code, 11 U.S.C. 1101 et seq., (the "Code") on December 30, 1982. An operating trustee, Albert...

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