IN RE ROSS-VIKING MERCHANDISE CORP.

Bankruptcy Nos. 92-B-20166, 93-5008A.

151 B.R. 71 (1993)

In re ROSS-VIKING MERCHANDISE CORPORATION, Debtor. ROSS-VIKING MERCHANDISE CORPORATION, Plaintiff, v. AMERICAN CYANAMID CO., LEDERLE DIV., Defendant.

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

February 26, 1993.


Attorney(s) appearing for the Case

Jack G. Lerner, Lord Day & Lord, Barrett Smith, New York City, for Ross-Viking Merchandise Corp.

Skadden, Arps, Slate, Meagher & Flom, New York City, for American Cyanamid Company, Lederle Div.; Sally M. Henry, of counsel.


DECISION ON MOTION FOR DECLARATORY JUDGMENT THAT DEFENDANT HAS NO RIGHT OF SET OFF

HOWARD SCHWARTZBERG, Bankruptcy Judge.

American Cyanamid Company, Lederle Division ("American"), a creditor of the Chapter 11 debtor, argued that if this court rejects its setoff claim against the debtor it would result in a case of first impression. On the contrary, if this court sustains the debtor's opposition to the asserted setoff, it would create a wrong impression, reversible...

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