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IN RE EVELYN BYRNES, INC.

Bankruptcy No. 83 B 10433.

32 B.R. 825 (1983)

In re EVELYN BYRNES, INC., Debtor.

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

August 30, 1983.

Attorney(s) appearing for the Case

Otterbourg, Steindler, Houston & Rosen, P.C., New York City, for debtor; Warren R. Graham, New York City, of counsel.

Albert Togut, New York City, for the Creditors' Committee.

Steven W. Stutman, New York City, for Landlord, Park 58 Corp.

Simon, Uncyk & Borenkind, New York City, for Proposed Assignee, Park Avenue Fashions; Alan Borenkind, New York City, of counsel.

HOWARD C. BUSCHMAN III, Bankruptcy Judge.

The debtor, Evelyn Byrnes, Inc. seeks the permission of this Court, pursuant to § 365 of the Bankruptcy Code, 11 U.S.C. § 365 (1978) (the "Code"), to assume and assign its unexpired lease of a store.

I

In April 1980, Evelyn Byrnes, Inc. entered into a lease agreement with Park 58 Corporation ("Park 58") whereby it leased the corner store in the building known as 470 Park Avenue in New York City...

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