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IN RE 1633 BROADWAY MARS RESTAURANT CORP.

Bankruptcy No. 07-14062 (ALG). Adversary No. 08-01045(ALG).

388 B.R. 490 (2008)

In re 1633 BROADWAY MARS RESTAURANT CORP., Debtor. 1633 Broadway Mars Restaurant Corp., Plaintiff, v. Paramount Group, Inc., as agent for PGREF I, 1633 Broadway Tower, L.P., Defendant.

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

May 22, 2008.

Attorney(s) appearing for the Case

Hofheimer Gartlir & Gross, LLP by Scott R. Kipnis, Esq. Douglas Gross, Esq. Nicholas B. Malito, Esq., New York, NY, for Debtor.

Stevens & Lee, P.C. by Chester B. Salomon, Esq., Constantine D. Pourakis, Esq., New York, NY, for Paramount Group, Inc.

Rosenberg & Estis, P.C. by Howard W. Kingsley, Esq., Hal N. Beerman, Esq., New York, NY, for Paramount Group, Inc.

MEMORANDUM OF OPINION AND ORDER ON PARAMOUNT GROUP, INC.'S MOTION TO DISMISS

ALLAN L. GROPPER, Bankruptcy Judge.

Before the Court is a motion to dismiss the Chapter 11 petition of 1633 Broadway Mars Restaurant Corp. (the "Debtor"), brought by Paramount Group, Inc., the Debtor's landlord (the "Landlord"). The Landlord has moved to dismiss the case on the ground that it is a bad faith attempt to modify an earlier plan of reorganization that has been substantially...

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