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D.H. OVERMYER CO., INC. v. IRVING TRUST CO.

No. 83 Civ. 5692 (SWK).

60 B.R. 391 (1986)

In Re D.H. OVERMYER COMPANY, INC. (OHIO), et al., Debtors, v. IRVING TRUST COMPANY, Plaintiff-Appellant.

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

March 17, 1986.

Attorney(s) appearing for the Case

Carb, Luria, Glassner, Cook & Kufeld by Bernard Sumliner, New York City, for plaintiff-appellant.

Patterson, Belknap, Webb & Tyler by Harold Tyler, Jr., New York City, for defendants-appellees.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

FACTUAL BACKGROUND

Irving Trust Company ("Irving") leased four floors in a commercial building located in Manhattan from Seymour B. Durst, Roy H. Durst, David M. Durst and Alma D. Askin for a 21-year term, ending in 1986. Pursuant to a sublease dated September 1, 1965, D.H. Overmyer Company, Inc. ("Overmyer"), rented two of these floors from Irving for approximately fifteen years — from...

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