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IN RE BYGAPH, INC.

Bkrtcy. No. 84B11550.

56 B.R. 596 (1986)

In re BYGAPH, INC., Debtor.

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

January 10, 1986.

Attorney(s) appearing for the Case

Maloney & Porcelli by Joseph E. Porcelli, New York City, for debtor.

Finkel, Goldstein & Berzow by Harold S. Berzow, New York City, for 2160 Broadway Corp.

Weisman, Celler, Spett & Modlin by Samuel Rudey, New York City, for Citibank, N.A.

Howard Gotbetter, New York City, for Border Cafe West Corp., intervenor.

CORRECTED OPINION

HOWARD C. BUSCHMAN, III, Bankruptcy Judge.

The debtor-in-possession, Bygaph, Inc. ("Bygaph"), seeks an order of this court permitting it to assume and assign a lease and to sell the furniture, fixtures, and equipment located on the premises pursuant to §§ 363(f) and 365 of the Bankruptcy Code, 11 U.S.C. §§ 363(f), 365 (1984) (the "Code"). The motion is opposed by 2160 Broadway Corp. (the "Landlord"), by Border Cafe West...

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