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IN RE 48TH STREET STEAKHOUSE, INC.

No. 199, Docket 87-5016.

835 F.2d 427 (1987)

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

United States Court of Appeals, Second Circuit.

Decided December 15, 1987.

Attorney(s) appearing for the Case

Paul I. Marx, New York City (Angel & Frankel, P.C., Bruce Frankel and Peter S. Goodman, New York City, of counsel), for plaintiff-appellee.

Henry J. Bergman, New York City (Bachner, Tally, Polevoy, Misher & Brinberg, of counsel), for defendants-appellants.

Before LUMBARD and ALTIMARI, Circuit Judges, and KAUFMAN, District Judge.

ALTIMARI, Circuit Judge:

Appellants, Rockefeller Group, Inc. and Rockefeller Center Properties ("the Landlord"), appeal from a decision of the United States District Court for the Southern District of New York, Kevin Thomas Duffy, Judge, which affirmed a grant of summary judgment in favor of 48th Street Steakhouse, Inc. ("48th Street") by the United States Bankruptcy Court for the Southern District of New York, Tina L. Brozman, Bankruptcy Judge. Judge Brozman held...

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