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IN RE 48TH STREET STEAKHOUSE, INC.

Bankruptcy No. 83 B 11070 (TLB), Adv. No. 83-5915A.

61 B.R. 182 (1986)

In re 48TH STREET STEAKHOUSE, INC., Debtor. 48TH STREET STEAKHOUSE, INC., Plaintiff, v. ROCKEFELLER CENTER, INC., Rockefeller Center Properties, I.S.H. Liquidating Corp. and Dornbush, Mensch & Mandelstam, Defendants.

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

As Corrected May 28, 1986.

Attorney(s) appearing for the Case

Angel & Frankel, P.C. by Sanford Rosen, Rita Dumain, New York City, for debtor.

William T. Livingston, III, New York City, for Rockefeller Center, Inc. and Rockefeller Center Properties.

Finkel, Goldstein & Berzow by Neal Rosenbloom, New York City, for Creditors' Committee.

Dornbush, Mensch & Mandelstam by Dirk S. Roberts, New York City, pro se and for I.S.H. Liquidating Corp.

DECISION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT BY PLAINTIFF AND DEFENDANTS ROCKEFELLER CENTER INC. AND ROCKEFELLER CENTER PROPERTIES

TINA L. BROZMAN, Bankruptcy Judge.

Plaintiff 48th Street Steakhouse, Inc. ("48th Street") is the debtor in possession and owner of a ten year old restaurant located in the prestigious Rockefeller Center area. Defendants Rockefeller Center, Inc. (renamed Rockefeller Group, Inc.) ("RGI") and Rockefeller Center Properties...

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