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MANHATTAN KING DAVID RESTAURANT INC. v. LEVINE

No. 92 Civ. 8715 (LAP).

154 B.R. 423 (1993)

MANHATTAN KING DAVID RESTAURANT INC. d/b/a David's Harp and Le Sannom Building Corp., Appellants, v. Arthur B. LEVINE, as Receiver and Joseph Nathanson, Appellees.

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

May 24, 1993.

Attorney(s) appearing for the Case

Ernest H. Hammer, New York City for appellants.

Joseph J. Ceccarelli, Daniel S. Lopresti, Sieratzki & Ceccarelli, New York City, for appellees.

OPINION AND ORDER

PRESKA, District Judge.

This is an appeal from an order of the bankruptcy court directing the debtor, Manhattan King David Restaurant ("MKDR") to pay $35,483.87 in post-petition rent prior to assumption of an unexpired lease pursuant to section 365(d)(4) of the Bankruptcy Code.1 For the reasons stated below the decision of the bankruptcy court is affirmed.

Background

MKDR purchased all...

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