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IN RE BRADLEES STORES, INC.

Bankruptcy Nos. 95 B 42777 (BRL) to 95 B 42784 (BRL). Adv. No. 95-1455.

194 B.R. 555 (1996)

In re BRADLEES STORES, INC., et al., Debtors. WESTBURY REAL ESTATE VENTURES, INC., Plaintiff, v. BRADLEES, INC., Defendant.

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

April 12, 1996.

Attorney(s) appearing for the Case

Dewey Ballantine by Stuart Hirshfield, Wayne A. Cross and Sandor E. Schick, New York City, for Debtors.

Flaum & Verdi, P.C. by Neil R. Flaum, Garden City, New York, for plaintiff Westbury Real Estate Ventures, Inc.

DECISION ON DEBTORS' MOTION TO DISMISS COMPLAINT SEEKING SPECIFIC PERFORMANCE OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT ON GROUNDS THAT, INTER ALIA, RELIEF IS PRECLUDED BY THE RULE AGAINST PERPETUITIES

BURTON R. LIFLAND, Bankruptcy Judge.

Bradlees, Inc. ("Bradlees"), and an affiliated company, New Horizons of Westbury, Inc. ("Horizons" and together with Bradlees, the "Debtors") seek to dismiss, the amended complaint filed against Bradlees by Westbury...

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