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IN RE FULL HOUSE FOODS, INC.

Bankruptcy No. 01-16565 (SMB), Adversary No. 01-3660.

279 B.R. 71 (2002)

In re FULL HOUSE FOODS, INC., d/b/a Big Apple Diner, Debtor. Full House Foods, Inc., d/b/a Big Apple Diner, Plaintiff, v. 33rd Street Enterprises, Inc., Progressive Catering, Inc., Empire State Building Company and Helmsley-Spear Inc., Defendants.

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

March 4, 2002.

Attorney(s) appearing for the Case

Rattet & Pasternak, LLP, Dawn K. Arnold, James B. Glucksman, of counsel, Harrison, NY, for Plaintiff.

Lazer, Aptheker, Feldman, Rosella & Yedid, P.C., Robin S. Abramowitz, of counsel, Melville, NY, for 33rd Street Enterprises, Inc.

Putney, Twombly, Hall & Hirson, LLP, Geoffrey H. Ward, of counsel, New York City, for Empire State Building.

Douglas J. Pick, P.C., Douglas J. Pick, of counsel, New York City, for Progressive Catering, Inc.

MEMORANDUM DECISION DENYING PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION

STUART M. BERNSTEIN, Chief Judge.

This case typifies a secondary but unfortunate consequence of the September 11, 2001 terrorist attack. Full House Foods, Inc., d/b/a Big Apple Diner (the "debtor" or the "plaintiff") operates a coffee shop in the ground floor of the Empire State Building, several miles from Ground Zero. As a result of the terrorist attack, the owner increased Building...

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