W. SEVENTY-NINTH ST. v. LEMI


144 Misc.2d 216 (1989)

West Seventy-Ninth Street Associates, Petitioner, v. Lemi, Inc., Doing Business as Copper Hatch II, Respondent.

Civil Court of the City of New York, New York County.

May 24, 1989


Attorney(s) appearing for the Case

Kucker, Kraus & Bruh (Saul D. Bruh of counsel), for petitioner. Steven L. Levitt for respondent.


JANE S. SOLOMON, J.

Although gussied up by several side issues, this commercial nonpayment proceeding presents one singularly interesting issue concerning the interplay of landlord and tenant law and the Federal Bankruptcy Code (11 USC) which appears never to have been addressed by any case or commentary. The issue is whether payments made by a debtor-tenant during a chapter 11 case must be applied by its landlord...

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