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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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