IN RE PCH ASSOCIATES

No. 86 Civ. 392 (CHT).

60 B.R. 870 (1986)

In re PCH ASSOCIATES, f/k/a Simon Associates, Debtor. LIONA CORPORATION, N.V., Appellant, v. PCH ASSOCIATES, Appellee.

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

May 15, 1986.


Attorney(s) appearing for the Case

Winick & Rich, P.C., New York City, Wolf, Block, Schorr and Solis-Cohen, Philadelphia, Pa. (Jeffery N. Rich, New York City, Michael L. Temin, Patrick Matusky, Philadelphia, Pa., of counsel), for appellant.

Gelberg & Abrams, New York City (Marc S. Kirschner, Darren H. Goldstein, of counsel), for appellee.


OPINION

TENNEY, District Judge.

This is an appeal from an order of the bankruptcy court, Lifland, J., holding that the instant parties, PCH Associates ("PCH") and Liona Corporation ("Liona") are joint venturers. The only question presented for review is whether the transaction at issue here created a landlord/tenant relationship between the parties or a joint venture. The Court affirms the bankruptcy court's decision for the reasons set forth below.

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