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DISHI & SONS v. BAY CONDOS LLC

No. 13 Civ. 8300(JPO).

510 B.R. 696 (2014)

DISHI & SONS, Appellant, v. BAY CONDOS LLC, 11 East 36 Note Buyer LLC, New York Pubs, Inc. d/b/a The Ginger Man, and Munitalp Corp., Appellees.

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

Signed May 28, 2014.

Attorney(s) appearing for the Case

Lewis W. Siegel, Lewis W. Siegel, Esq. , New York, NY, for Appellant.

Mark Allen Frankel , Backenroth Frankel & Krinsky, LLP, New York, NY, for Appellees.

OPINION AND ORDER

J. PAUL OETKEN, District Judge.

Section 363(f) of the Bankruptcy Code, 11 U.S.C. § 101 et seq., authorizes the trustee to sell property of a bankrupt's estate "free and clear of any interest in such property." Section 365(h), however, provides that if the trustee "rejects" a lease of a debtor — lessor, "the lessee may retain its rights under such lease ... that are in or appurtenant to the real property," such...

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