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IN RE EMILIO CAVALLINI, LTD.

Bankruptcy No. 89 B 13320 (CB).

112 B.R. 73 (1990)

In re EMILIO CAVALLINI, LTD., Debtor.

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

March 22, 1990.

Attorney(s) appearing for the Case

Shapiro & Shapiro, Hackensack, N.J., for debtor; by John P. DiIorio, of counsel.

Ravin, Sarasohn, Cook, Baumgarten, Fisch & Baime, Roseland, N.J., for Creditors' Committee; by Robin J. Kantor, of counsel.

Graubard Mollen Horowitz Pomeranz & Shapiro, New York City, for Madison Tower Associates, Landlord; by Jack Weinberg, John P. Sheridan, of counsel.

DECISION DETERMINING WHETHER DEBTOR'S LEASE IS EXECUTORY CONTRACT

CORNELIUS BLACKSHEAR, Bankruptcy Judge.

Debtor, Emilio Cavallini, Ltd. ("Cavallini"), has moved, pursuant to § 365(d)(4) of the Bankruptcy Code (the "Code") to extend its time to assume or reject a non-residential real property lease. The landlord, Madison Tower Associates ("Madison Tower"), has filed a cross-motion for an order: (1) vacating the automatic stay and the Order of Bankruptcy...

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