SUPER NOVA 330 LLC v. GAZES

Docket No. 11-1773-bk.

693 F.3d 138 (2012)

SUPER NOVA 330 LLC, Plaintiff-Appellant, v. Ian J. GAZES, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 2, 2012.


Attorney(s) appearing for the Case

Jay B. Itkowitz , Itkowitz & Harwood ( Simon W. Reiff , on the brief), New York, NY, for Plaintiff-Appellant.

Ian J. Gazes , Gazes LLC, New York, NY, for Defendant-Appellee.

Before: CALABRESI, RAGGI, and CHIN, Circuit Judges.


CALABRESI, Circuit Judge:

Super Nova 330 LLC ("Super Nova") rented commercial property to Association of Graphic Communications, Inc. ("AGC") pursuant to a lease agreement set to expire on February 28, 2007. In 2006, AGC stopped making rent payments and Super Nova obtained a warrant of eviction in New York City Civil Court. On February 2, 2007, before Super Nova could execute the warrant, AGC filed for Chapter 7 bankruptcy protection and the resulting automatic stay...

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