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IN RE AMES DEPT. STORES, INC.

Reorganization Nos. 90 B 11233 (JAG)-90 B 11285 (JAG).

136 B.R. 357 (1992)

In re AMES DEPARTMENT STORES, INC., Eastern Retailers Service Corporation, et al., Debtors.

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

February 5, 1992.

Attorney(s) appearing for the Case

David W. Trench, Rubin, Baum, Levin, Constant, Friedman & Bilzin, Miami, Fla., for movant, Hayday, Inc.

Michael Cook and Edward J. Meehan, Skadden, Arps, Slate, Meagher & Flom, New York City, for debtors.

MEMORANDUM OF DECISION

JAMES A. GOODMAN, Bankruptcy Judge.

Hayday, Inc. ("Hayday" or "Landlord") seeks damages from Zayre Florida Corp., an affiliate of Ames Department Stores, Inc. (the "Debtor") for its alleged breach of a lease (the "Lease") between Hayday, as landlord, and Debtor, as tenant. On January 10, 1991, Judge Buschman approved a stipulation authorizing the assumption and assignment of the Lease to K-Mart Corporation ("K-Mart"). The order reserved...

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