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SOUTHERN BLVD., INC. v. MARTIN PAINT STORES

No. 96 Civ. 6499 (PKL).

207 B.R. 57 (1997)

SOUTHERN BOULEVARD, INC. d/b/a, Persuasion Ladies' Stores, Appellant, v. MARTIN PAINT STORES, A Partnership, Debtor-Appellee. In re MARTIN PAINT STORES, A Partnership, Debtor.

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

March 12, 1997.

Attorney(s) appearing for the Case

Gold & Wachtel, L.L.P., New York City (John H. Reichman, of counsel), for Appellant.

Siegel, Sommers & Schwartz, L.L.P., New York City (James A. Beldner, of counsel), for Debtor-Appellee.

LEISURE, District Judge:

This appeal arises out of the assumption and assignment of debtor-appellant's unexpired lease. The United States Bankruptcy Court for the Southern District of New York approved the sale by auction of a lease held by debtor-appellee Martin Paint Stores to Pretty Girl, Inc., a women's apparel retailer. The lessor, Feldco Realty Company, and appellant Southern Boulevard, Inc. d/b/a Persuasion Ladies' Stores — the tenant of the store adjoining...

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