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IN RE M. FINE LUMBER CO., INC.

No. 07-43529-CEC.

383 B.R. 565 (2008)

In re M. FINE LUMBER CO., INC., Debtor.

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

March 12, 2008.

Attorney(s) appearing for the Case

Gary B. Sachs, Hofheimer Gartlir & Gross, LLP, New York, NY, for Debtor.

Clifford A. Katz, Platzer Swergold Karlin Levine, Goldberg & Jaslow, LLP, New York, NY, for Committee of Unsecured Creditors.

Scott H. Rosenblatt, Jocelyn Lee Jacobson, Reitler Brown & Rosenblatt, LLC, New York, NY, for New York Timber.

Neal M. Rosenbloom, Finkel Goldstein Rosenbloom & Nash, LLP, New York, NY, for Peabody Webster Holdings LLC.

William E. Curtin, Brooklyn, NY, Office of the United States Trustee.

DECISION

CARLA E. CRAIG, Chief Judge.

This matter comes before the Court on the motion of M. Fine Lumber Company, Inc. (the "Debtor") to assume its commercial lease with Peabody Webster Holdings LLC (the "Landlord") pursuant to § 365 of Title 11, U.S.C. (the "Bankruptcy Code"). The Landlord objected to the Debtor's assumption of the lease. For the following reasons, the Debtor's motion is granted, on the condition that, within 10 days after entry...

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