RIVERSIDE NURSING HOME v. N. METRO. R. HEALTH CARE FACILITY

No. 1950, Docket 92-5039.

977 F.2d 78 (1992)

RIVERSIDE NURSING HOME, a partnership, Debtor-Appellant, v. NORTHERN METROPOLITAN RESIDENTIAL HEALTH CARE FACILITY, INCORPORATED, Intervenor-Appellee, Rednel Tower, Ltd., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 13, 1992.


Attorney(s) appearing for the Case

Edward S. Rudofsky, New York City (Arlene H. Schechter, Zane & Rudofsky, New York City, of counsel), for debtor-appellant.

Donald Tirschwell, New York City, for intervenor-appellee.

Benjamin Zelermyer, White Plains, N.Y. (Laurence S. Moy, Serchuk & Zelermyer, White Plains, N.Y., of counsel), for defendant-appellee.

Before: WINTER, MINER and McLAUGHLIN, Circuit Judges.


WINTER, Circuit Judge:

Riverside Nursing Home appeals from Chief Judge Brieant's order directing it to sign a receiver agreement pursuant to a plan of reorganization ("the Plan") confirmed in Riverside's Chapter 11 bankruptcy proceeding. Riverside argues on appeal that: (1) the Plan was an unenforceable agreement to agree and (2) the district court erred in approving the receiver agreement. We disagree and affirm.

BACKGROUND

Riverside, which leased...

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