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L & B 57TH STREET, INC. v. E.M. BLANCHARD, INC.

Nos. 1572, 2084 and 1573, Dockets 97-7432, 97-7454 and 97-9154.

143 F.3d 88 (1998)

L & B 57TH STREET, INC., Plaintiff-Counter-Defendant-Appellant-Cross-Appellee, v. E.M. BLANCHARD, INC. and Robert Blanchard, Defendants-Counter-Claimants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 4, 1998.

Attorney(s) appearing for the Case

Thomas P. Higgins, New York City (Higgins & Trippett LLP), for Plaintiff-Counter-Defendant-Appellant-Cross-Appellee.

Charles D. Hellman, New York City (Siller Wilk LLP), for Defendants-Counter-Claimants-Appellees-Cross-Appellants.

Before WALKER, JACOBS, and CALABRESI, Circuit Judges.

JACOBS, Circuit Judge:

L & B 57th Street, Inc. ("L & B") is a real estate investment company that entered into a ten-year lease with E.M. Blanchard, Inc. ("EMB") dated April 1, 1993 for the rental of three floors of L & B's building at 37 West 57th street in New York City. Pursuant to the lease, EMB posted a security deposit of $193,250 by letter of credit. Robert Blanchard — father of EMB's principal, Elizabeth Blanchard — guaranteed EMB...

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